Non-competition System In Labor Contract Law Research

In the fierce market competition,the factors of competition are various.Trade secrets and intellectual property rights related confidential matters in the market competition elements,often in an important position,and sometimes directly related to the success or failure of the market competition.Strengthen the protection of commercial secrets and other information on the subject of market competition,more and more attention to the subject of market competition.Therefore,modern countries in the "Anti Unfair Competition Law","civil law","contract law","criminal law","company law" and "labor contract law" and other laws,the legal system to strengthen business secret information protection legislation,the play from different angles to protect commercial secrets.The non-competition system of the labor contract law on labor relations in the business secret information protection plays a unique role.In a company,commercial secrets will often be a part of workers understand,grasp and use,once the employee turnover,is likely to use the original employer’s trade secret information to grasp,to engage with the original employer competing business,so that the original employer lose market competitive advantage position.The employer and master worker by trade secret information stipulate non-competition clauses in the labor contract or confidentiality agreement,is an effective method to protect business secret information.In this paper,the non-competition system of our country labor contract law as the research object,according to the "People’s Republic of China labor contract law"(hereinafter referred to as the "labor contract law"),"the Supreme People’s Court on the trial of labor dispute case applicable legal interpretation(four)"(hereinafter referred to as"the trial of labor dispute judicial interpretation(four)")on non-competition legislative problems,and puts forward concrete measures in order to give full play to the non-competition system of labor contract by the employer trade secret information in the role of protection,promoting fair competition in the market economy.This paper is divided into five parts.The first part is the introduction,introduces the research purpose,research significance,research background and literature review,provides the basic condition for the research of non-competition system.The second part is an overview of the system of prohibition of business strife in the labor contract law,this part analyzes the concept and restrictions on labor contract law system in the characteristics of two different non-competition system are analyzed,in order to better understand the labor contract law in non-competition system,and introduces the legal basis of non-competition system and the role of the non-competition system etc.The third part of the analysis of the non-competition system in labor contract law legislation and the existing problems,in order to solve the existing problems,puts forward specific and targeted measures.The fourth part introduces the non-competition system of labor relations in the relevant national legislation,the legislation,put forward the beneficial experience for our reference.The fifth part is to perfect the system of prohibition of business strife in the labor contract law,the labor contract law in non-competition system problems,learn from legislative experience about the success of one country,put forward to perfect the labor contract law in the non-competition system should follow the principles and specific measures to improve.The lack of non-competition system of the labor contract law,put forward the following measures:One is the default setting the highest standards of gold,non-competition obligations bear protection of legitimate rights and interests of workers;the two is to further standardize the agreement legal effect;three is to rescind the non-competition agreement,to give workers greater autonomy,in order to protect the employment rights of workers and other specific measures.In this paper,the non-competition system of China’s labor contract law in the legislation as a starting point,using the research methods of comparative analysis,historical analysis,empirical analysis,value analysis,the labor contract law of our country in the non-competition system for the interpretation and research,I hope to be able to improve the labor contract law system of prohibition of business strife in play in order to play a role,the role of non-competition system with unit trade secret information in terms of protection.