Research On The Effectiveness Of Non-competition Agreement

A non-competition agreement is an agreement signed between a worker and an employer that,within a certain period of time,prevents the worker from entering a unit that competes with the original unit or competes with the original unit in other ways.The agreement is based on the competition restriction system of the contract system,which is made to protect the competitive advantage of the enterprise.However,with the continuous expansion of social and economic scale,market players are increasingly active,which leads to the increasing number of business secrets and more frequent turnover of employees.This has brought about many problems,such as the frequent conflicts between the two sides of the labor relationship,resulting in the increasing number of disputes about competition restrictions year by year.However,the legal provisions of our country are not specific enough and the maneuverability is not strong,which leads to the lack of clear handling basis in judicial practice and the occurrence of different cases.In reality,the disputes in non-competition cases mainly focus on the validity of the agreement.The increasingly expanded scope of "trade secret" protection,all employees have to sign non-competition agreements and other situations emerge in an endless flow.Employers and workers often have different opinions on whether these non-competition agreements are effective,and there is also a lack of clear judgment standards in judicial practice.For the subject,object,period,geographical scope,occupation scope,whether to agree on economic compensation and other issues that must be included in the non-competition agreement if there are no specific provisions,do not form a unified standard,it is easy to lead to the employer drafting non-competition agreement at will.Because workers are often in a vulnerable position in labor relations,coupled with the employment pressure brought by the repeatedly delayed epidemic,they may be forced to sign unfair non-competition agreements,which damages the interests of workers and is not conducive to social stability and development.Aiming at the problem of determining the validity of non-compete agreements in judicial practice,this paper tries to put forward some suggestions for improving relevant legal provisions through the analysis of jurisprudence and the sorting out of academic viewpoints.First of all,non-competition agreements involve the fields of civil and commercial law and social law at the same time,and relevant legal provisions must follow the basic principles of civil and commercial law and social law.Non-competition agreements that violate the principles of fairness and slanted protection should be deemed invalid.Secondly,the present laws of competition restrictions in our country are less and more are the principled clauses.It is necessary to provide detailed provisions for the subject,object,time limit,regional scope,occupation scope and other issues in the agreement of competition restrictions,set criteria for employing units to draw up the agreement of competition restrictions,and provide standard for judicial organs to solve disputes over competition restrictions.Finally,for the employer,if the compensation clause is not specified in the non-competition agreement,it is exempt from its own legal responsibility,and there is a certain fault,so it should provide tilt protection for workers through various ways.