The Research Of Employees’ Duty Of Loyalty

The case, in which a stewardess were fired because of her criticism by microblog, leads to renewed concerns about the employees’ duty of loyalty. In past researches, although some scholars mention the duty of loyalty of employees, there is no systemic discussion of this duty. Especially in the era of knowledge economy, trade secrets and corporate reputation are important to employers. The increasing mobility of the labor force bring some prominent disputes on competition, confidentiality and so on.In recent years, introducing good faith in the field of labor law is demanded increasingly. So I choose the similar concept, employees’ duty of loyalty, to do my research. First, I will introduce the concept by the nature, the content and the influential factors during judgement. So that the reader has a basic understanding of the employees’ duty of loyalty. And then by comparing this concept with some related concepts, make the concept more clearly. Finally, I will analyse the situation of our contraries’ legislature about the employees’ duty of loyalty and then offer some proposals.This paper is divided into six parts altogether. By the first part and the second part introduces the concept of this duty, let readers have a preliminary grasp of employees’ duty of loyalty. Employees’ duty of loyalty is a moral obligation of the law, it is the accompanying nature of the labor contract obligations.Third part describes the contents of the employee’s duty of loyalty and some important elements in judicial adjudication. The main contents of the duty include: duty of non-competition, duty of confidentiality, not disparaging the employer, participation in legal proceedings. Referee Factors to consider are: employees in comparable positions, the time and space behavior, consequences of behavior and so on.Fourth chapter describes the development trend of employees’ duty of loyalty, including changes in the scope and employee loyalty insurance.The last two sections describe the legislature relating to this duty in our contrary and offer some legislative proposals.