Judgment Factors And Legal Reflections On Labor Dispute Labor Disputes

In China,with the development of technological capabilities and the promotion of innovative forces,employers have increased their awareness of business secrets,including intellectual property protection,and laborers have chosen more employment opportunities.The number of labor disputes restricting is increasing day by day.The nature and purpose of the competition restriction system determines that its operation must always balance the three major conflicts of interest.Of course,this does not eliminate the necessity of the existence of the system.Therefore,summarizing the problems existing in the operation of the real system and their performance,regulating and preventing them,are important ways to enable the legal restrictions in the field of labor law.Reviewing and analyzing the relevant judgment documents of the competitionlimited labor dispute cases is the key way to understand the status quo and the problems of the operation.Therefore,this article chooses to focus on the content analysis method of the literature research method and regards the collected relevant judgments as important document sources.Combining the achievements of numerous scholars in the past,the status,characteristics,trends,and problems of competitive labor dispute cases are summed up and analyzed one by one,with a view to summarizing some of them,and to the original employers,laborers,and new employees involved.The three types of entities of the unit proposed feasibility suggestions.Further,it also proposes some constructive discussions on the legislation of competition restrictions,and expects it to be beneficial.Judging from the theoretical and judicial practice,the disputes that mainly govern labor disputes are about the subject of competition restrictions and the judgment of the occupational status,the determination of the effective elements of the contractual restrictions on competition,and whether the laborer or employer can be unilateral.Dismiss the agreement and whether the laborer or employer can request to continue to perform the agreement.Combining with the competition restrictions of other countries,through the analysis of judgments,the actual trial situation is not generalized,or there is no rule to follow.Many need to rely on judges to make reasonable explanations within the legal scope.These legal and reasonable explanations have a corresponding set of trial logic.They are organized by a set of relevant judgment elements and form a set of referee frameworks.After clarifying the carrier restriction and the breach of contract responsibility,and then talking about the corresponding legal consequences,the design of the entire system and the logic of the trial will be clear and concise.The smooth operation of the competition restriction system fully guarantees the legal rights of employers and workers,and presupposes the reasonable and appropriate restrictions on workers.This cannot be separated from the rules of the employer of the initiator of the competition restriction agreement,the response of the performer’s worker,and the integrity of the participant’s new employer.Only when these three parties abide by their active and negative obligations can they actually reduce disputes of this type of labor dispute.