Research On The Validity Of Non-compete Agreement

Under the fierce competition of market economy,the advantage of enterprise knowledge and technology is the core competitiveness.Talent flow is an important resource allocation mode of social resource flow,and the competitive advantage of enterprises is inevitably faced with the risk of loss with the flow of talents.In order to encourage the rational flow of talents and protect the interests of enterprises such as intellectual property rights and trade secrets,the competition restriction system came into being.In 2008,China first used the concept of "non competition" in the form of national basic law in the labor contract law of the people's Republic of China.However,due to the imperfection of the system,the contradictions between employers and workers occur frequently in practice,and relevant judicial cases rarely truly reflect the purpose of the non competition system to promote the reasonable flow of workers and protect the innovation enthusiasm of enterprises.What s more,it lacks the definition of the scope of rights and interests that can be protected by employers themselves,resulting in the existence of the non competition system,which is more to protect the unilateral rights and interests of employers.From a new perspective,this paper clarifies the legal basis of the obligations of workers in the non competition agreement,and defines the scope of rights and interests that the employer should protect in the non competition agreement in combination with the current legislative situation of our country.It also calls for the establishment of a substantive review standard that takes workers' obligations as the effectiveness of non competition agreements.The article is divided into five chapters,trying to explore the attribute and scope of workers' non competition obligation from different angles,and gradually clarify workers' non competition obligation from origin to theory,legislation to practice,and then take this as a yardstick to measure the effectiveness boundary of non competition agreement.The first chapter of the paper mainly discusses the obligations that workers should perform in the non competition.By tracing back to the theoretical origin and combining with the theoretical theory,it discriminates the attribute of the non competition obligation of workers,and makes it clear that the legal principles and principles on which the obligation depends cannot be separated from the existing provisions of the law.The second chapter analyzes and evaluates the current laws,judicial interpretations and local regulations,and explains the deficiencies of the current legal documents in solving the problem of non competition.The core problem is the lack of an effective substantive review standard for the effectiveness of the agreement.The third chapter demonstrates the irreplaceable significance of workers'obligations as the effectiveness review of non competition agreements by comparing the trade secrets often used as the review criteria in practice,the "protectable interests" of employers with the obligations that workers should perform.The fourth chapter defines the scope of obligations of workers in terms of subject,behavior and region according to the current legal provisions.Combined with the above legal analysis,this paper clarifies the reasonable scope of workers' non competition obligations,and proposes to establish a substantive review standard based on workers'reasonable obligations to solve the problem of determining the effectiveness of non competition in practice.