Research On The Legal Liability Of Violating The Non-competition Agreement

Stepping into the high-tech era,the role of technical talents is becoming more and more important.The current Labor Contract Law of the People’s Republic of China has intensified the flow of talent by giving workers the right to freely choose their jobs and choices.However,if the employees who have the duty to restrict their employment leave,if they are not regulated,they may bring inestimable losses to the employing units.According to the relevant data,the disputes about restricting their employment have been increasing year by year in recent years.“Competition restriction” can protect trade secrets and restrict employee job-hopping,that is to say,competition restriction not only protects the rights and interests of employers,but also restricts employees.However,the regulations of the Labor Contract Law of the People’s Republic of China on restrictions on competition are too general,such as the scope of economic compensation,the nature and payment standards of liquidated damages,and the legal liabilities of the relevant subjects are not clearly defined in the law,these result in the practice can’t effectively restrain the behavior of the parties to the non-competition agreement.At the same time,a lot of disputes about the restriction of competition in practice will involve the new employer,but the responsibility of the new employer has not been clearly stipulated in the legislation.According to this,in order to study the legal liability of violating the non-competition agreement,368 judgment documents were selected from the relatively developed regions of Beijing,Shanghai and Guangdong,and 70 judgments were selected through the restricted conditions.By compiling 70 judgments,this paper discusses the civil legal liability of violating the non-competition agreement from the following aspects: the determination of the non-competition agreement,the imputation of the liability of the non-competition agreement and the liability of the non-competition agreement.The author puts forward that workers have the right of exemption under certain conditions,stipulates the employer’s liability for breach of contract,and puts forward the claim that the new employer should bear joint and several liability.According to this,we should perfect the legislation of the restriction of business strife with the problems existing in judicial practice,give full play to the normative function of the system of the restriction of business strife,and restrict the behavior of the parties from the source,at the same time,the civil legal liabilities of laborers,employing units and new employing units for violating the non-competition agreements are clarified,and the stability of labor relations is fully guaranteed and the legitimate rights and interests of the parties concerned are protected through legislation to guide practice,to promote the free movement and fair competition of labor in the market.