Research On The Issue Of Non-competition Clauses In Labor Contracts

For problems in the labor contract period of a non-compete research in China started relatively late.Non-compete generally divided into two parts,the first part is the statutory non-compete,the second part is a non-compete agreement.Statutory non-compete has mature state,but the agreement of non-competition is still imperfect.The law of the People’s Republic of China labor contract law will be agreed by the non-compete concrete elaboration and distinguish.On December 31,2012 by the supreme people’s court of the 1566 th session of the judicial committee through effective as of February 1,2013 of the supreme people’s court on some issues of applicable law of labor dispute cases interpretation(four)\"(hereinafter referred to as the\" labor dispute judicial interpretation four \"),to complement of \"labor contract law\",but it should be perfect.So the author thinks that should refine the non-compete system.This paper first introduce the basic situation of non-compete,detailed analysis of the non-compete legislation present situation,the concept and characteristics of non-compete,labor contract law in our country the non-compete provisions.And then analyzes the main problems of non-compete,namely non-compete scope is not clear,non-competition term is not clear,non-competition compensation problems in the economy.By comparing both at home and abroad as well as academic research reference suggest perfecting himself,namely,specify the geographical scope of the non-compete,determine the duration of the non-compete,perfect the system of economic compensation.