Research On The Effectiveness Of The Competition Restriction Agreement

In recent years,along with the free competition in the society intensified,in the field of labor dispute cases involving non competition increasing,both for the employer's business interests perspective,or for the employment of the legitimate rights and interests of perspective,non competition system is the necessity of its existence.It is precisely because of the employment system in the choice of maintenance of the employer business interests but also to some extent limit the laborer's rights,so in the use of the system at the same time,we should consider the related system of the existing laws and regulations,the actual situation and to weigh the good in life the interests of all parties.In today's society,the non competition agreement is signed by the employer and the employee both sides mean consistent results,but the current situation,there is still a part of the employer abuse its dominant position,re employment rights of employees too much unnecessary restrictions,as a result of some workers cannot again the employment of professional knowledge and skill my skill.Therefore,in the non competition scale,how to set up the competition restriction provisions legally and effectively,to better guide the employer and the employee signed a fair,non competition agreement applicable to balance the employment rights of workers and employers of the economic benefits is very important.In China's current judicial practice,for the non competition issues identified deficiencies,which leads us there is a big problem in the judicial practice operation.So how to improve the system of prohibition of business strife,and how to solve the problem for the effective application of the system,for a better balance between the employer and the employee's rights,achieve social fairness and justice,has very important significance.