Study On The Payment Of Compensation Of Non-compete Of Post Employment

The rapid development of the market economy has brought rapid spread of information technology, but also promotes the continuous upgrading of talent of the employer in this background where the importance of protecting commercial secrets becomes more and more prominent. Employers and workers sign the agreement of non-compete of post employment which prevents to a certain degree the disclosure of commercial secrets, and which is a preventive measure before the damage made to the interests of employers. But this agreement hinders employees to exercise their rights to be employed and the right to choose freely the employers, and thus violates the basic rights of employees. The compensation of non-compete of post employment appears so that the damage to the interests of employees can be repaired. It is not only the legal requirements of the principle of fairness, but also mitigates effectively the dissensions between employees and employers due to the inequality of their obligations and rights.Now, the argument of the issues is more and more intense. I put forward a new perspective, study on issues by the agreement of non-compete of post employment for the payment of compensation issues when it is not promised, and the agreement of non-compete of post employment for the payment of compensation issues when it is promised. In aspect of legislation, from 1995 to 2013, the " Labor contract law of the People’s Republic of China", judicial interpretation,and local provisions promulgated are involved some provisions of the compensation payment of post-employment prohibition of business strife, but because the legislation is fuzzy, resulting in the agreement of non-compete of post employment for the payment of compensation issues when it is not promised, for the payment of compensation there is a big difference. The agreement of non-compete of post employment for the payment of compensation issues when it is promised, compensation considerations are not clear, and the imbalance compensation amount of liquidated damages, compensation payment unreasonable these issues remain unresolved.The paper is based on basic theory, propose solutions to the problem of payment of compensation. When the agreement does not have compensation clause, clarifying the relationship between the compensation clause and the effectiveness of the agreement, the reasonable of payment of compensation were analyzed. When the agreement has compensation clause, proposing solutions for system of payment of compensation. Using layered protection to determine the compensation standard; balance compensation and liquidated damages; paying compensation after the workers leave, to urge the employer and the employee to fulfill its obligations. I hope it could provide effective value for thepayment of compensation, and promoting the further improvement of the system of non-compete of post employment.