| The non-competition system is a system which reasonably limits the employees’ competition behavior in order to protect the trade secrets of the employers.It is an effective means to protect the competitive advantage and protect the trade secrets.However,in practice,unfair competition behaviors,such as the disclosure of trade secrets caused by employees’ job-hopping,seriously infringes on the healthy market competition environment.At the same time,the "Labor Contract Law" and judicial interpretations related to labor disputes are not clear and comprehensive in terms of non-competition agreements,and the protection of workers’ interests is not strong enough.In judicial practice,there are issues about compensation and the validity of noncompetition agreements.The controversial verdict caused discussion and thinking in academia.In order to clarify the impact of compensation on the effectiveness of the non-competition agreement,this paper analyzes the important role of compensation in the agreement by defining and classifying the concept of noncompetition system,discussing that the purpose of non-competition system is to protect the interests of trade secret obligees and balance the interests of workers In the collision of local laws and regulations,guiding opinions and case judgment,various viewpoints and discussions in academic circles,it is found that there are some problems about economic compensation when signing noncompetition agreements in China.Combined with the relevant provisions,cases and practices of foreign countries in the field of non-competition agreements,this paper analyzes and discusses the irrationality of identifying the noncompetition agreement without compensationas valid or invalid,and concludes that the theory of non-binding on the laborernon binding force is the best choice to balance the interests of both sides.On the basis of comparative study and analysis,this paper puts forward some suggestions on the system design of economic compensation in China’s non-competition agreement,establishes the rule of unilateral unconstrained force,and hopes to specify the minimum standard and abstract standard of compensation payment in non-competition agreement,and the specific payment method of compensation,so as to improve China’s non-competition system.While protecting the trade secrets owned by employers by signing agreements in advance,it also strengthens the protection of the interests of workers and more effectively realizes the system function of the non-competition system. |
