The Protection Of Labors’ Rights And Interests Under The Non-competition Obligation

Non-competition obligations as part of the duty of loyalty is stipulate in The Labour Law and The Company Law.The norms of company law are mainly from the perspective of corporate governance and focuses on protecting the employer’s business secrets and the interests of the company and its shareholders.And the non-compete obligation in Labour Law content on the control of scope and mainly from the relationship between laborers and employers.Its legal value orientation is to realize the laborers protection benefit maximization,at the same time maintaining basic fairness and justice.It have distinct compere with the perspective of the protection and the content of the company law.However,legislation and judicial practice in China,there are many problems in the protection of workers’ rights that under the non-competition obligation,including questions such as the subject of the application of non-competition obligation is too broad,the content of the obligation is not reasonable limited and the agreed compensation does not establish a unified standard.Not only caused the abuse of right of non-compete but also set up non-competition obligation to laborers without differentiate and workers in such violations cannot be received by Labour Law and Labor Contract Law and other relevant legal protection and relief.Starting from the generation and classification of non-compete system,distinguish the differences of the application of the conditions and legal body between legal and agreed non-compete obligation with ordinary workers of the legal body of non-compete obligation as the main object of discussion.Combined with the beneficial experience in the legislative provisions and precedents of the United States,the United Kingdom,Germany,Switzerland and other countries,giving suggestions are made on strengthening the protection of workers’ rights and interests under the non-competition system in China.And workers with a confidentiality obligation is belong to the category of the non-compete obligation undertaker.It is conducive to clearly defining the scope of non-competition prohibited compulsory workers,to distinguish the duty of confidentiality during the labor contract from the duty of confidentiality after resignation.And the workers in different positions have different degrees of duty of confidentiality.Secondly,the content of the non-competition obligation should be restricted.Clarify the existence and rationality of the commercial interests protected by the non-competition agreement,and limit the duration of the non-competition obligation.The time of non-competition prohibition shall be flexibly applied according to the degree of contact between laborers and trade secrets and the timeliness of trade secrets.According to the different provisions of non-competition agreement compensation in China,in addition to the unified compensation,the compensation amount shall be differentiated according to the income level,and certain restrictions shall be made on the business scope and geographical scope of the competitors.In terms of labor relief,the consulting mechanism should be introduced when the non-competition agreement is signed.Introduce Labour Union supervision and establish judicial review system in case of disputes.By limiting the right of non-competition of the employer,the right to subsistence and employment of the laborer under the non-competition obligation is guaranteed.