Laborers Violate The Law Application Of The Non-compete Agreement

In order to avoid the loss of workers destroy the interests of the enterprise competition,the employer in the labor contract to increase the non-compete clause in order to protect the business secrets,it can be said that the prohibition system is an important means to protect business secrets.However,around the effectiveness of the competition agreement,fulfillment and breach of contract responsibility,a large number of disputes happened in practice.This article focuses on the judicial practice faced by the competition in the terms of competition disputes,including three aspects,that is not agreed to the terms of the competition on the effectiveness of the contract,the provisions of the terms of competition in the payment of the standard on the validity of the contract,in the way,time and effect of the non-compliance with the law.And the legal consequences of the non-performance of the terms of the compulsory competition.Through the analysis of legislative norms,judicial practice standards,theoretical research and extraterritorial experience,it is pointed out that only the conflict and balance between the right of workers' employment and the trade secret right under the dispute can be effectively identified in order to properlyresolve such disputes,Put forward the following three points:First,whether it is agreed that the prohibition of non-competition terms does not affect the overall effectiveness of the competition agreement;second,the competition agreement agreed economic compensation amount standards,payment methods in violation of mandatory legal provisions,or enterprises did not actually pay compensation gold does not affect the overall effect of the competition agreement;Third,the unit fails to fulfill the obligation to pay compensation can not be a reason to leave the staff.The balance between the employer and the laborer determines the particularity of the judicial processing of the competition agreement,which is different from the general contract processing.The study of the validity of the competition agreement in the competition dispute is not only beneficial to reduce the unreasonable phenomenon of the different cases of judicial disputes in the judicial practice,but also to clarify the criteria for determining the validity of the competition.The first part introduced three cases of violating Non-Competition Agreement to prohibit the three cases and the verdicts.In addition,the focuses of three disputes are summarized in this part.The second part is about the legalanalysis on the focuses of three disputes,including the introduction and the status quo of Non-Competition System and the impact of Non-Competition Compensation on Non-Competition disputes.The third part are inspirations and conclusions inferred from three cases and related legal analysis,and some proposes that China should gradually improve the Non-Competition System and pay more attention to the interests of balance between business secrets protection and employment rights protection.