On The Prohibition Of Business Strife And The Protection Of Labour Rights

With the market competition being fiercer , many enterprises begin to value prohibition on competition in the same industry with a view to protect commercial secrets. They try to reach an agreement with employees or make use of legal regulations to prohibit their employees hold a post in another enterprises which is a competitor of his current unit or manage the same emulative business himself with his employer when he is at or after work. But this kind of agreement or legal regulations comes down to citizen' right to work. The result is that employees' right to select jobs and equal right to employment is limited. What's more, their life, even survival is influenced. But labor right is their fundamental right protected by Constitution. Therefore law needs to seek balance between prohibition on competition and protection of citizens' right to work..These theses starts with trade secrets, and make it as the base for analysis of conflict and balance between prohibition on competition and protection of citizens' right to work. Except foreword and peroration, the thesis falls into four chapters.The first chapter studies the basic theories on prohibition on competition In this chapter, Firstly, it makes systematic research from the concept of prohibition on competition and give the definition that prohibit the special person to do special business which is in competition with his employer. And the investigation on legitimate base will be carried out from several angle of view, for example: protection of business secret, principles of truth and honesty. After that legal quality and worthiness of prohibition on competition is demonstrated.The second chapter focuses on the analysis of the right to work under the system of prohibition on competition. The author of this thesis thinks that this kind of prohibition limits laborers' right to work liberally. In this chapter, the author elaborates on characteristic and quality of laborer's right after starting with its definition. Next, the author carries on with the discussion that what right is restricted under the system of prohibition on competition in the same industry from a logical sense. The third part of this chapter is to analyze which subjects' right is restricted by the prohibition on competition.The third chapter mainly researches on the conflict and balance between prohibition on competition and laborer's right. This part is a main point that this text discuss. The paper believes that prohibition on competition challenges laborer's right to work. Firstly, the author makes a deep level analysis on conflict and contradiction between the prohibition on competition and laborer's right from two perspective of conflict of right and interests. Then the thesis gets down to discuss principles of establishing balance mechanism between prohibition on competition and protection of laborer' right, which is the protection of the employee's rights, business secret and public interests. Then the author points out that the moderate prohibition on competition is the key of balance mechanism. And then based on the conclusion, the author discuss the way to seek balance between prohibition on competition and protection of laborer' right to work from the prospect of restricting rationality of prohibition protocol. At last, the legal responsibility of violating the prohibition on competition is discussed and this paper argues legal responsibility should be restricted.The forth chapter is the author's thought and suggestions on the legislation of prohibition on competition. The author makes a comparative analysis of prohibition system on completion in domestic and abroad and also point out the existing defects of prohibition system in China. Finally, combined with actual legislation situation in our country, the thesis puts forward some suggestions to improve prohibition system on completion.