Research On Compensation For Our Country Non-competition

Non-competition as a protection system of business secret, its importance hasbeen proved. But non-competition limits the laborers’ right to freedom of choosing acareer. Economic compensation as a price of the prohibition, it plays an important rolein the balance of interest conflict between employers and employees. However,because of the deficiencies in the non-competition compensation legislation, at thesame time, the theoretical study of non-competition compensation is not sufficient. Itdoesn’t play a due role in practice. Workers’ right is hard to come by. The disputes innon-compete compensation are increasing day by day.This paper takes a typical judicial case as a breakthrough point. Through the case,it reflects the status of the compensation for our country non-compete and points outthe defects. After the study on the legal nature and legal value of non-competecompensation, the paper discuses how to solve the problems on the basis of foreignexperience. The whole paper is divided into six parts.The first part introduces a case, which reflects the controversies and problems ofnon-compete compensation. This part leads to the following contents.The second part analyzes the concept of the prohibition of business strife andnon-compete compensation. It emphatically elaborates the legal principle and value ofcompensation.The third part discuses the current situation of non-compete compensation. Afterlisting the relevant legal provisions, it analyzes some problems in the compensation.For example, the compensation standard is fuzzy, the rights and obligations isn’t equalbetween employers and employees, the relation between compensation and the forceof agreement isn’t sure, the laborer relief isn’t imperfect and so on.The fourth part introduces the foreign legislation and theory on non-competecompensation. It also concludes the foreign common experiences.The fifth part gives some suggestions on how to solve the questions of ourcountry non-compete compensation, mainly from four aspects.The last part is the conclusion. It summarizes the research ideas and points outsome deficiencies in the paper.