Study On Legislation Of Liability For Breach Of Non-competition Agreement

With the increased mobility of labor,the competition for manpower resources between enterprises has intensified.As the key to the success of enterprises in the market competition,excellent labor is also the object of competition between enterprises.Signing a non-competition agreement with workers has become a powerful measure to protect business secrets.However,the provisions of the Labor Contract Law of China on the competition restriction system are too abstract and do not specify the specific competition restriction compensation standards,liquidated damages standards,and liabilities for breach of contract,which can't effectively restrict the behaviors of the parties to non-competition agreements in the current society.At the same time,with the intensification of market competition,the occurrence of non-competition agreement disputes,often not only involves both parties,but also involves the new employer,and how the new employing units should assume legal responsibility,which is still a blank in legislation.Therefore,from the perspective of legislation,how to improve the legislative provisions of competition restrictions,maximize the use of the regulation of competition restrictions,and restrict the parties from the source to abide by the agreement in order to reduce labor disputes,while clearly specifying the liability for breach of contract in competition restrictions.To balance the legitimate rights and interests of employers and workers,and to clarify the responsibilities of new employers,has become the biggest reason for studying competition restrictions on liability for breach of contract.The establishment of the competition restriction system is aimed at pursuing a balance between laborers 'freedom of job selection and the protection of employers' trade secrets.However,the lack of specific and feasible legislative norms will inevitably lead to the legislative purpose of the non-competition system is difficult to achieve.Through four chapters,this article perfects the provisions on the liability for breach of contract in the competition restriction agreement in terms of legislation,discusses the liability of employers for failing to pay breach of contract damages in accordance with the law,and proposes that workers be exempted from liability for breach of contract in the absence of economic compensation.And according to the system of "the third party infringes the creditor's rights",and puts forward the claim of joint and several liability to the new employer,in order to make up the legislative gap.Improving the liability for breach of contract in the competition restriction system from the legislative aspect and guiding judicial practice through legislation can not only fully guarantee the stability of labor relations,take into account the protection of the interests of employers and workers,but also promote the free movement of labor and fair competition in the market.