Research On The Form Of Economic Compensation For Competition Restriction

The form of economic compensation for competition restrictions is the key content for the implementation of competition restrictions agreements,and it is also the focus of regulation of competition restrictions.The type of the form of economic compensation for competition restrictions that the employer and the employee agree on affects what kind of payment obligations the employer should perform,and how the worker can obtain fair and reasonable economic compensation.Paying attention to and improving the content of the regulation of economic compensation in the form of competition restrictions is of great value in terms of safeguarding the right to operate,protecting labor rights,and balancing conflicts between the right to operate and labor rights.China 's labor laws and regulations have clearly defined the legality of restricting economic compensation to workers in the form of monthly payment of currency after separation from employment,but whether it is possible to pay non-“monthly payment after separation” such as the one-time payment of stocks(options)in advance is no relevant regulation on the issue of competition in restricting the diverse form of economic compensation.Therefore,China 's ambiguous legislative regulations on the form of economic compensation for competition restrictions also caused judicial judges to have different understandings and discrepancies in the legal provisions on the form of economic compensation for competition restrictions,making the phenomenon of “different judgments in the same case” endless.The case recognizes the value and possibility of non-"monthly payment after separation" diverse forms of economic compensation,while another similar case is based on the principle of tilt protection,because it is impossible to distinguish between non-"monthly payment after separation" and workers' remuneration so that the judgement denies the legality of non-“monthly payment after leaving” competition restrictions in the diverse form of economic compensation.Based on this and further clarifying the judicial logic of judicial judges,the author explores the problem of regulation of economic compensation in the form of competition restrictions,and puts forward relevant suggestions to improve the regulation of the form of economic compensation in competitions,and relax the conflict between operating rights and labor rights with a view to benefiting the application of the competition restriction system.On the basis of determining the value and the status quo of regulation of the form of limited economic compensation for competition,this article analyzes the problems of the form of limited economic compensation for competition and adopts "Tencent Technology(Shanghai)Co.,Ltd.and Xu's competition restriction dispute" and "Guangzhou Boguan Information Technology Co.,Ltd."(Hereinafter referred to as "Boguan Company")and Wu's labor dispute "as an example to compare and provide my own views,so as to make targeted suggestions for improvement.The research in this paper finds that the form of economic compensation for competition restrictions should not be limited to the form of monthly compensation after leaving the service.Instead,it should implement the concept of equal protection into the competition and limit economic compensation on the basis of reflecting on the principle of inclined protection.Measures could be taken to improve the formal regulations,such as recognizing the non-“monthly payment after leaving” diverse forms of competition restriction economic compensation implementing the layered protection of the diverse forms of competition restriction economic compensation,,and reviewing the diverse forms of competition restriction economic compensation through the actual amount of economic compensation received by workers,to ease conflicts between management rights and labor rights,and to build harmony Stable labor relations.