The Study Of Penalty For Non-competition Of Labors

With the improving of the importance of intellectual property rights and the increasing of Labour due to the liquidity of enterprise core information about threats,for those who leave non-compete agreement has become a standard part of the labor contract.Unit of choose and employ persons and laborer office signed non-compete agreement often liquidated damages clause,when the laborer that,in violation of the provisions of the non-compete,unit of choose and employ persons can ask employee to pay penalty due to breach of contract."Labor contract law" to the workers in the labor contract agreed liquidated damages generally prohibits special exception legislation technology,in the protection of laborers right to freedom of choosing cases,also protect the economic interests of unit of choose and employ persons.But our country "labor contract law" for workers leaving non-compete penalty due to breach of contract did not have detailed rules and lead to unit of choose and employ persons in the non-compete contract agreement unreasonable non-compete penalty due to breach of contract,not only harm the workers' freedom,also harm the economic development and social stability.At the same time,the court's decisions are inconsistent,unable to maintain the stability of the law and the uniformity of judicial decisions.Based on the study of non-compete penalty due to breach of contract system,on the basis of the legislation present situation,the nature of,the value of the liquidated damages are analysed according to "labor contract" penalty due to breach of contract system existing problems put forward reasonable Suggestions.The first part of this article,the paper expounds the regulation of our country law about non-competition penalty due to breach of contract,the labor contract law and the judicial interpretation four laws and regulations have a about the rules of the non-compete penalty due to breach of contract.The second part,this paper expounds the meaning of non-compete penalty due to breach of contract,analyses the connotation and extension of the non-compete penalty due to breach of contract,to define the non-compete penalty due to breach of contract system,clear what is a non-compete penalty due to breach of contract.This paperanalyzes the legal basis of the competition limitation penalty,and finally analyzes the nature of the non-compete gold,and clearly defines the nature of the non-competition.In this paper,the third part,analysis of applicable law leaving non-compete default system problems existing in the process: first,the amount of non-compete penalty due to breach of contract law not make that clear,lead to labor after leaving office to accept a high penalty due to breach of contract.Second,the relationship between liquidated damages and actual losses is not clear.The third question is that the relationship between the right to claim and the right to claim for damages is not clear.The fourth part of this paper gives some Suggestions on the problems raised in the third part of this paper.Leaving non-compete penalty due to breach of contract reduction rules,introduced penalty due to breach of contract system,the establishment of clear exit non-compete penalty due to breach of contract should not consider whether or not the breach caused substantial losses,finally clear departure non-compete penalty due to breach of contract claim and apply for compensation for damage relations.The last part is the conclusion of this article.