Study On Non-competition In Labor Relations

Non-competition,in labor relations,refers to a practice between an employer and an employee who make an labor agreement or confidentiality agreement in which the employee agrees not to work in an organiztion which engages in the same line of business or in competitition with the former organization or start the same business as the former organization during employment or after a certain period of time after the labor relationship has been terminated with the purpose of safegarding commercal secrets in the labor relations in order to protect the legal rights and interersts of employees.According to different periods of non-competition performance,non-competition,in a labor relationship,is divided into in-service non-competition and separation non-competition.In practice,it is often the case that employers only agree with the employee to perform the non-competition obligation within a certain period of time after leaving office.Therefore,the non-competition prohibition in the labor relations studied in this thesis is the non-competition prohibition.At present,there are some problems in China's labor relations,such as lack of guiding principles,unclear definition of obligatory subject,lack of recognition standard of validity of non-competition agreement,unclear area and scope of non-competition and unfair provisions on the liability of employers for breach of contract.In view of these problems,on the basis of referring to and drawing on the advanced systems and experience of other countries and regions,the paper puts forward suggestions to establish the preferential protection principle and proportion principle,clearly define the subject range of non-competition obligation,establish the non-competition economic compensation rule,and elaborate the non-competition regulations on area and scope.