A Study On The Conflict And Balance Between The Prohibition Of Business Strife And The Protection Of Labor Rights

Under the condition of market economy,non-compete and labor rights conflict occurs frequently,non-compete is to protect the business secret rights and public interests of legal means,and lead to labor rights conflict with the above two legal interests of the important reasons.Through comparative study,this paper affirms the significance and value of non-compete system,through to the non-compete problems involved in the cause of the contradiction and conflict and practice analysis,first established the three principles of balance conflict: social benefit maximization principle,slope protection principle,the principle of reasonable restrictions,and combines the extraterritorial legislation experience,put forward a series of perfect recommendations.Messy non-compete legal codes in our country,principled strong,lack of flexibility and operability of problem,put forward a unified legislation of non-compete,refining non-compete related regulations,strengthen the guidance,the scope of the non-compete,subject,legal relief,economic compensation,etc,in order to strengthen the operation during the judicial practice.Against the law to non-compete agreement and effective elements in the form of a lack of regulation,put forward the non-compete agreement shall to take written form and must include the requirements of economic compensation terms is necessary to take effect.For China's legislation on the legal position of non-compete,the issues that led to the legislation on chaos and relief way to clear the legislative purpose,clear the nature of the non-compete agreement,etc.For workers is limited by the non-compete agreement and can not get reasonable compensation problem,put forward to refine the rules of economic compensation,such as how to calculate the amount of economic compensation,etc.Under the condition of market economy,non-compete and labor rights conflict occurs frequently,non-compete is to protect the business secret rights and public interests of legal means,and lead to labor rights conflict with the above two legal interests of the important reasons.Through comparative study,this paper affirms the significance and value of non-compete system,through to the non-compete problems involved in the cause of the contradiction and conflict and practice analysis,first established the three principles of balance conflict: social benefit maximization principle,slope protection principle,the principle of reasonable restrictions,and combines the extraterritorial legislation experience,put forward a series of perfect recommendations.Messy non-compete legal codes in our country,principled strong,lack of flexibility and operability of problem,put forward a unified legislation of non-compete,non-compete related regulations,strengthen the guidance,the scope of the non-compete,subject,legal relief,economic compensation,etc,in order to strengthen the operation during the judicial practice.Against the law to non-compete agreement and effective elements in the form of a lack of regulation,put forward the non-compete agreement shall to take written form and must include the requirements of economic compensation terms is necessary to take effect.For China's legislation on the legal position of non-compete,the issues that led to the legislation on chaos and relief way to clear the legislative purpose,clear the nature of the non-compete agreement,etc.For workers is limited by the non-compete agreement and can not get reasonable compensation problem,put forward to refine the rules of economic compensation,such as how to calculate the amount of economic etc.