Study On Economic Compensation For Non-Competition Of Post-Employment

In the modern society,when the employers enjoy the economic benefits which are brought about by the work results of laborers,they also inevitably bear the risk of trade secrets being leaked because of the laborer's demission.After the laborer leaves the original employing unit,the laborer's labor relationship with the original employing unit is no longer required to be responsible to the employer.However,in order to prevent trade secrets from being leaked,it becomes an important means to protect its trade secrets by signing a non-compete agreement with the laborer.Although the non-compete clause can play a role in protecting the commercial secrets of employers,it will also seriously affect the free realization of the right to choose the right to work and the right to employment,and thus affect the individual development and living standards of the laborers.However employers have ensured that their trade secrets are protected and their commercial value is preserved or even appreciated due to workers' observance of the obligations of non-compete clause after resignation.Therefore,the laborer's reasonable economic compensation from the employing unit is the consideration of his obligation to perform the non-compete agreement,which is conducive to balancing the interests between the employer and the employee and alleviating the contradiction between the employer and the laborer.The system of the economic compensation for non-compete agreement began in western countries which was initially controversial and then improved.In 2008,the Labor Contract Law of the People's Republic of China(hereinafter referred to as the Labor Contract Law)implemented for the first time allowed employers and laborers to agree on non-compete agreements after the laborers left.In 2013,the Supreme People's Court's Several Interpretations on the Application of Legal Issues in the Trial of Labor Disputes Cases(IV)(hereinafter referred to as Judicial Interpretation(4))issued by the Supreme People's Court in details.Although the economic compensation system for non-compete agreement after the laborer's resignation has just been established in our country and initial success has been achieved,there are still many issues and imperfections to be discussed in both the labor contract law and the judicial interpretation.The paper is divided into four parts.The first part is the theoretical analysis of the economic compensation for the non-compete agreement,which includes the meaning,characteristics,legal basis and effect of the economic compensation.Through the analyzing the foreign legal provisions of the economic compensation for the foreign resignation competition,and taking the essence and learning experience,the second part mainly lists the legal provisions of the foreign economic compensation for non-compete agreement.The third part is to sort out the relevant provisions of the current laws,regulations,and judicial interpretations on economic compensation for non-compete agreement and summarize the existing problems.Based on the questions raised in the third part and combined with the experience of the second part of the foreign country,the fourth part attempts to propose constructive and feasible suggestions for the existing issues.