Study On Post-employment Restraint

Non competition is an important legal system in nations to coordinate the interests and rights of various business parties, and to obstruct the unruly competition. Based on incurring time, it can be defined as ex-employment restraint and post-employment restraint. However, in the research, post-employment restraint is the only researching target, which represents the value of just and the meaning of credibility. For the purpose of protecting the duly interests of economic entities(employers), such post-employment restraint prohibits the mobility of talents (employees) who may obtain trade secrets. Thus, such restraint may influence employers'rights to choose jobs. Such restraint should only be performed by agreement signed by and between employee and ex-employer. The post-employment restraint agreement shall be valid under four legitimated elements: the existence of duly interests of employers, the maintenance of trade secrets by employees, the reasonable restraint of territory and period. Further, the ex-employers must pay reasonable compensation to employees through appropriate ways. In foreign countries, the research on post-employment restraint is still on the road. But such countries hold a common positive attitude towards such restraint with comparatively mature legislation. China also holds the same positive attitude, but the lack of superior legislation hinders the pace of its operation in reality. Thus, further study is still needed.