Research On Non-competition Economic Compensation Payment System

Free-trade market accelerates the flow of employees in order topursue higher returns. Business secrets which are considered as thelifeline of enterprises are mastered by staff and then flow together withstaff. Non-competition system has emerged but it’s a commercial secretprotection system with a lot of controversy. On the one hand it plays animportant role in protecting the company’s trade secrets, on the otherhand it’s at the expense of workers’ employment options and survival.However, the enterprises considered the pursuit of profit maximization asthe only goal, they use a variety of "non-statutory" payment method tocircumvent the payment obligations of reasonable consideration.This paper first discusses the status of legal，academic and practiceof economic compensation payment system. Many employers adopt"non-monthly" payment methods to circumvent the obligation to payeconomic compensation. Through many cases are classified and analyzed,I find the causes of status quo of non-competition economiccompensation payment system. By comparing and analyzing commonlaw and civil law countries national laws and jurisprudence ofnon-competition system, I mention the importance of establishment ofnon-competition economic compensation payment system, and the key toestablish the economic compensation payment system is to find thebalance of interests of all parties to resolve the conflict point.