Study On The Judgment Of The Reasonableness Of Non-competition Agreement

The non-competition clause within the areas of labor law has long been common no matter in theory or practice. Especially with the development of the Internet and other emerging industries, more and more employers pay attention to investing much money on intellectual property and employees training to improve the competitiveness of their product or service, at the same time, employees change employers constantly to chasing a better workplace and treatment. Under these circumstances, employer often demand employee sign a strict labor contract and non-competition agreement to avoid damage to their interests.Currently, although the non-competition clause widely used in practice in China, except the provisions 23 and 24 of the Labor Contract Law, and the Supreme People's Court interpretation on the trial of labor dispute case in 2014, there is no other provision relating judging the reasonable of non-competition clause. These circumstances result different courts have different attitudes and verdicts on the same problem.The main content of the first chapter is to review the cases relating the reasonableness of non-competition clause in Chinese judicial practice,through classifying different type of non-competition cases from different district court, this chapter aims to show the status quo of the judgment of reasonableness in the non-competition cases.Britain is a common law country and the original country of non-competition system. Not only there are a lot of landmark case in courts, but the strict attitude to judge the reasonableness in non-competition agreement, such as the agreement shall not violate the public interest, not expand the geographical restrictions, the trade restrictions and other factors, otherwise the non-competition agreement was invalid. Switzerland and Germany's legislative technology and refined language on the non-competition has a certain reference on Labor Contract Law. The second part is a comparative study of the competition.The third chapter focuses on which elements should be considered in a non-competition agreement, such as the interests of employers, the geographical restrictions, the trade restrictions, the duration, the damages and other aspects etc.The fourth chapter is based on the elements which are certain in chapter four and find a better way to balance the interests between employers and employees.