Analysis On The Efficiency Change Of The Laborer's Competition Restriction Agreement

Efficiency is the core and focus of the competition restriction system.The competition restriction regulations in China's labor law field is not mature enough and the relevant legislative standard is not sufficient.The legislative norm is not enough,especially in the efficiency change of the competition restriction agreement.Regardless of the validity of the judicial practice,or views on related issues in theory,there are still a lot of controversy that needs to be clarified,especially in the legal basis of the efficiency change in the competition restriction agreement,the value orientation of the change and the audit conditions.In order to perfect the system of the efficiency change of China competition restriction agreement and to make the system run more reasonably and smoothly,we discusses the change of the validity of the competition restriction agreement,analyze the various conditions of influencing the effect change,define the right boundary and the obligation between the employers and the laborers relevant will be clarify as followingThe first chapter is on "The competition restriction agreement and its efficiency conditions".It mainly analyzes the concept and classification of the competition restriction agreement,clarifies the definition and characteristics of the competition restriction agreement,compares and analyzes the difference and contact between the competition restriction agreement and the labor contract.It also definitely the efficiency change basic conditions of the competition restriction agreement from the subject qualification,the meaning expression,the precondition,the social custom and public interest and so on.The second chapter is about "The efficiency change of the competition restriction Agreement and its condition analysis".It begins with the conditions that affect the efficiency change of the competition restriction agreement.This chapter clarifies that the agreement goes into effect,becomes invalid and loses effectiveness this three kinds of situations.It also explain the related conditions of the efficiency change.The competition restriction agreement can't produce legal effects when employers and workers don't sign written agreement,the employer has no protected interests and the worker does not have confidentiality obligations.If the purpose of restriction is illegal,the area of the restriction is too wide,the agreement is not mentioned the economic compensation or the amount of economic compensation is too low,the agreement will also be invalid.The third chapter is "The efficiency change system of competition restriction agreement in our country ".It clarifies the rules of the agreement efficiency change and related problems of the scholars ' controversy from the efficiency change legislation of the competition restriction agreement in our country.It summarizes the existing legislation problems.It also exists some defects and has the lack of authority etc.At the same time,it does some statistical analysis about the competition restriction disputes and sums up some existence issues of judicial adjudication practice based on the current situation of legislation through searching the Chinese referee's document network.Pay attention to the efficiency change but neglect to audit the basic conditions on business secrets and confidentiality obligations.The fourth chapter is "The value orientation of perfecting the efficiency system of the competition restriction Agreement".It is impossible to avoid the value orientation of efficiency change by discussing the validity system of agreement.This chapter begins with the analysis of the legal benefits involved in the competition restriction agreement,points out the conflict among the labor rights,the bushiness secret right of the employer and the public interest.When the efficiency change of the competition restriction agreement,it should keep rules as following.First of all,protect the labor rights.Secondly,balance the interests among three sides.Finally,do some reasonable restriction.This is the basic conditions to analyze the agreement efficiency change.The fifth chapter is "The proposal is on perfecting the system about the efficiency change of the competition restriction agreement".China,as one of the law-making countries,should combine the present concrete reality to make clear demarcation of the right boundary between the employer and the laborer in the competition restriction and restrict the agreed space between the two sides moderately.it is suggested to fill the current legal gap of China competition restriction effect changes.It should make the relevant explanations timely and rule the conditions of the effect change.The Judicial Department that should insist on the correct value orientation and audit the specific conditions of the effect change highly improve the effect system of China competition restriction agreement so that our country judicial adjudication has the legal basis and standard to follow.