Study On The System Of Restricting Economic Compensation For Competition

China’s economic development has entered the new normal,protecting trade secrets and attracting talents have become the key elements for enterprises to enhance their market competitiveness.Enterprises in order to prevent the leakage of trade secrets and workers to conclude a non-competition agreement.While protecting trade secrets,competition restrictions will hinder workers’ right to choose their own jobs,and even affect workers’ future career planning and material living standards.Therefore,employers pay workers a certain economic compensation as their compliance with the obligation to restrict competition,can balance the rights and obligations of enterprises and workers.Compared with the western countries,the economic compensation system of competition restriction in our country starts late and the development time is still short.There are still many imperfections in it,so it is still of great significance to study the economic compensation system of competition restriction.This paper attempts to analyze the nature,characteristics,legal basis and value of the non-competition-limited economic compensation system,and summarizes the imperfections of the non-competition-limited economic compensation system in China and puts forward some feasible suggestions.First of all,the basic theory of economic compensation system for competition restriction is analyzed.This is the basis of this study,including the analysis of concepts and characteristics,as well as the analysis of other similar systems,through the study of the legal basis and value of economic compensation for competition restriction.It is concluded that the system of economic compensation for competition restriction is of great significance.Secondly,through the analysis of the relevant regulations of the foreign non-competition economic compensation system,this paper summarizes and evaluates the advanced experience of the foreign non-competition economic compensation system,including restricting the employer’s unilateral right of rescission,taking the non-competition economic compensation fund as the effective element of the non-competition agreement,and giving priority to protecting the workers’ rights.Thirdly,through the analysis of the current situation of legislation and judicial practice of the economic compensation system of non-competition restriction in China,the defects of the economic compensation system of non-competition restriction in China are summarized.Combined with the present situation of our country,the main problems are: the validity of the non-agreed non-competition restriction economic compensation agreement is vague,the standard of payment of economic compensation is not clear,the way of payment is unreasonable,and the proportion of compensation and liquidated damages is out of balance.Finally,in view of the shortcomings of the system of economic compensation for non-competition restriction,the corresponding solutions are put forward,including clearly specifying the effectiveness of economic compensation for non-competition restriction in the non-competition restriction agreement,defining the legal payment standard,changing the single payment method and balancing the ratio of economic compensation to liquidated damages.By perfecting the deficiency in the system of economic compensation for competition restriction,the system of economic compensation for competition restriction can not only protect the trade secrets of enterprises,but also limit the right of workers to choose a career,and achieve the balance of rights and obligations between the two.