An Analysis On The Non-competition System In The Labor Law

With the continuous development of China's market economy,talent and core technology have become the key to employers' sustainable development.Therefore,employers need to limit the flow of talent and technology,so as to avoid unfair competition in the market which may affects the employer's own development.There are some relevant provisions of non-competition on China's "Labor Contract Law".First,the purpose of non-competition is to protect employers' commercial secrets from being infringed,and to promote fair competition in the market;Second,during the existence of labor relations or some certain time after labor relations there should be certain professions and geographical restrictions on workers' career choices.Specifically,workers can not engage in the work that has some competition relation with the former employer unit,nor self-operate or co-operate with others in the business has some competition relation with the former employer unit.As we can see,China's non-competition mainly protect the basic interests of employers,but it does not take full consideration of the weak position of workers.In the specific application,it might do harm to the legitimate rights and interests of workers.Therefore,the non-competition should improve in the premise of taking the interests of both employees and employers into full consideration.This paper uses methods of legal text analysis,comparative analysis and value analysis.First of all,in order to provides a theoretical basis for the further study of this topic,this paper analyzes the general theory of non-competition system in the labor law,studies the concept,nature,characteristics of the non-competition system in the labor law,explores the causes of the non-competition system in the labor law,and defines the principle of non-competition system in the labor law.Furthermore,combs through relevant provisions on the system of non-competition in some representative countries,and combines with China's actual situation,the author summarizes the stipulations which can be used for China.In addition,this paper analyzes the present situation of the legislation of the non-competition system in the labor law of China,studies the problems existing in the legislation,and puts forward some suggestions for perfecting the corresponding legislation.China's non-competition system has the following problems: first,law enforcement standard of non-competition system is not explicit,such as the application subject is not clear;deadline for performance is not flexible;the limitations of the ranges of employment and industry are not specific;the regulations of economic compensation and liquidated damages are not detailed enough.Second,third party liability is not clear.Third,the supervision and protection mechanisms is not perfect.As a conclusion,the author holds the opinion that the perfection of non-competition system should first clear the implementation of standards,including the applicable subject scope,flexible limited deadline for performance,reasonable provisions of the scopes of both geography and application on non-competition system.Secondly,it should make clear the system of economic compensations and liquidated damages.For economic compensations,its standard,payment forms and time must be cleared;for liquidated damages of the non-competition system,the highest standards for it should be clarified.When the non-competition system liquidated damages and compensations are in the concurrence,the upper limit of liquidated damages of the non-competition system and joint and several liability of the third party should be determined.Besides,the combination of administrative law enforcement and judicial supervision also should be strengthened.Through perfecting the system of non-competition in labor law,we can better protect the legitimate rights and interests of employers and workers.