Research On Non-competition System

With the continuous rapid development of economy in our country,unit of choose and employ persons and laborer,an increasingly tense relationship when employees leave the original unit of choose and employ persons and take away the employer's business secrets,is bound to cause damage to the interests of the original unit of choose and employ persons.Commercial secrets to the enterprise and the society as a whole,plays an important role in the survival and development of the commercial secret reveal that there are many ways,but the laborers leaked internal confidential to protect the interests of the enterprise have adverse consequences,in business secret protection enterprises have a variety of ways,and non-compete system has its incomparable role in practice.For this reason,the employer,on the premise that it is vulnerable to harm,proposes an agreement with workers to protect their rights and interests.Interest game between unit of choose and employ persons and laborer's case,we have to balance the relationship between them,in does not damage the interests of unit of choose and employ persons,and damage the interests of the workers,we should find out the interests balance,shore up the balance lever to coordinate the relations between employers and employees.This paper is elaborated from five aspects respectivelyThe first part is the description and introduction of the basic situation of the competition restriction system.First of all,from the selected topic background and research significance of non-compete to explain and introduce,analyze the relationship between the unit of choose and employ persons and laborer,demonstrate the rationality of the non-compete exist in the labor law and legality;Secondly,through the review of domestic competition restriction system and foreign competition restriction system,we hope to help the current situation of China.Finally,the author using comparative analysis method and the empirical analysis of the ways to describe the content in the article,by comparing the relevant domestic and abroad non-compete system to clear the non-compete system to further improve the domestic non-compete system in China,for the effective experience of the foreign relevant non-compete system,should by combining the actual situation in our country,to improve the system of non-competition.The second part is the analysis of basic theory.Firstly,the concept of competition restriction is explained to introduce the relationship between employers and workers,and to clarify the legitimacy of competition restriction.Secondly,starting from the left,non-compete and in-service period of a non-compete statutory non-compete and classify a non-compete agreement,and to further clear of non-compete,explains the non-compete system in protection of unit of choose and employ persons at the same time,also played the effective protection to workers.It is of great significance to construct a harmonious and stable social and economic order;Thirdly,the relationship between the competition restriction system and the related concepts is clarified and the support is provided for the more accurate positioning of the competition restriction system.Finally,the author argues for the purpose and significance of competition restriction.The third part of the UK to the non-compete system from completely negative attitude to admit,as the special system of the United States,the United States on the states about the attitude of the non-compete system is not the same,German law,regulations on non-compete must pass both written way,France non-compete requirement shall not exceed the limits of necessity and limit the freedom of the parties.This paper discusses the legislation and practice in the United Kingdom,the United States,France,Germany,and the practice.The fourth part discusses the legislative status and existing problems of the relevant laws in China.Firstly,the article introduces the state of legislation in China.Secondly,in terms of geographical scope,China is not clear about the geographical scope of the competition restriction,and there are some misunderstandings in practice.In our country,the competition restriction system is too broad on the industry scope,and the effectiveness of the competition restriction system is too limited to play its due role in practice;On the issue of economic compensation,the laborer is in a weak position in the relationship with the employing unit,and then he needs to make compensations to the laborer.In the end,the liability for breach of contract should be limited to reasonable scope.The fifth part mainly focuses on the perfection of the competition restriction system in China's labor law.According to the fourth part points out the problems in the fifth part,the range of industries,from the aspects of regional economic compensation,liquidated damages shall be given respectively analysis and Suggestions,so as to protect the interests of the laborer and unit of choose and employ persons.