Research On Non-competition System

With the development of economic globalization,market competition is increasingly accelerated pace,for employers,the protection of commercial secrets and recruitment has become a key factor to win the competition in the market.With the development of the market economy today,the employer's power is more and more big,relative to the employer,workers already in a vulnerable position,simply emphasized on the employer's business secret protection is bound to damage the interests of workers therefore,the non competition system should be properly to the protection of the interests of the laborers and the maintenance of public interests on the til.This paper is divided into four parts:First,it is about the concept of non competition.Non-competition features four points: First,according to the contract or by law established;the second is the relationship between the rights and obligations of the employer and the particular workers;the third is the employer beforehand to protect trade secrets;fourth is free laborers Game choice of employment and the employer's trade secret rights.With the development of economy,corporate trade secret rights,labor rights and social welfare of workers in the growing need for institutionalized conflict regulation and coordination of non-competition system will come into being.Secondly,given our laws,departmental regulations,local regulations,judicial interpretation of the non-compete provision as a starting point,we analyze the current situation and problems of non-competition system.Mainly from the legislative provisions analysis,the issues related to non-competition system of the Present: non-competition career and geographical limits are too broad,non-competition period is not flexible enough,the lack of non-competition remedies,non-competition the lack of specific provisions in the field of collective contracts.Again,the relevant provisions introduced extraterritorial competition restrictions.For example,the British attitude towards non-compete agreement from complete denial to recognize its legitimacy recognized for non-competition uses a "double favorable" standard,that is not only beneficial to the agreement of both parties,but also to the community public beneficial interest.The United States is a federal state,its special national system determines the attitude of the states on each non-competition system is not the same.German law non-compete agreement must be finalized in writing,non-competition and non-competition obligations of employees from the labor contract agreement the two sides established the like.French non-competition requirements,the non-competition agreement must first be able to demonstrate the existence of a legitimate employer interests of non-competition and non-competition agreement does not unduly restrict the personal obligation of economic freedom.Through the above-mentioned four countries a brief overview of non-competition provisions in our country can be recognized for the non-competition system,reasonable review from abroad,specifically The scope is reasonable,four laborers tilt protection and other legislative provisions,summarized the non-competition legislation can help to improve our approach.Finally,we propose a solution.According to the analysis summarized above section,a clear non-competition body,namely "other personnel confidentiality obligations" to judge standards.First,the unit engaged in the business if there is a need to protect trade secrets;the second is,whether there is potential for exposure of workers of trade secrets;Third,after the workers leave the work whether use of the trade secrets of the original units.Refined non-competition areas,namely geographical restrictions and should be able to produce the original unit "substantial competition" in the region.Such as high-tech industry,shorten the non-competition period;traditional industries,for a two-year non-competition period;public interest of society as a whole industry,appropriate to extend the non-competition period.Perfect non-competition remedies that improve the economic compensation standards and regulatory system.Economic compensation standard should consider is labor: The actors perform non-competition obligations,the basic life is not affected;commercial secrets of the employer be able to bring their economic interests;workers local economic level,as well as price industry workers wages.Finally,the introduction of a special collective contracts in the field of non-competition.By presenting the five legislative proposals to improve the legislation of the non-competition system.Use one unit and workers' legitimate rights and interests are guaranteed double.