Research On The Legal Regulation Of Non-compete Clauses After Leaving The Jo

Under the furious market competition environment,firms pay more and more attention to and protect the business information and technical information with competitive advantages.However,with the gradual opening and diversification of the society,workers pay more attention to creating personal value.The current social background provides workers with multi-directional employment opportunities,and personnel turnover has become a common phenomenon.With the free flow of labor force,key management technology information is easily leaked and used by competitors,which will have an adverse impact on the long-term stable development of enterprises and social fair competition order.In practice,non-competition disputes also occur frequently,and the value of non-competition system is highlighted under such an era background.Competition restriction limits the scope of rights and obligations of both parties by signing an agreement or clause between the two parties,and restricts the specific obligation related parties in a specific business scope.The purpose of non-competition agreement is to protect the legitimate business interests of employers,but at the same time,the freedom of employment choice of workers is restricted to a certain extent,and even affects their right to life,which results in the interest game between employers and workers.The essence of competition restriction is a game of rights and interests centering on trade secrets.As intangible resources of enterprises,trade secrets support the survival and development of enterprises.The necessity and urgency of trade secrets protection are self-evident.However,China has not yet issued the Law on Trade secrets,and the regulations on competition restriction are scattered in normative legal documents such as the Civil Code,the Labor Contract Law,and the Law against Unfair Competition.The "scattered" legislative mode is not conducive to the normal operation of competition restriction agreement,which not only easily breeds conflicts of interest between workers and employers,but also is not conducive to the protection of trade secrets.The disputes over non-compete separation mainly focus on the scope of the subject,the identification of the validity of the agreement,economic responsibility and other aspects.In the actual application process,the situation may be more complicated,and the limitations of the "scattered" legal provisions are particularly prominent.By combining with actual cases and relevant legal provisions of other countries,this paper hopes to discover and analyze the existing deficiencies of the system of exit competition restriction in our country,and put forward some suggestions on optimization mechanism based on existing prominent problems to help improve the system of exit competition restriction.We will improve the balance and coordination between workers’ freedom of employment and employers’ right of management and protection of trade secrets in the field of labor law.