Research On The Competition Restriction System Of Labor Contract Law In China

With the development of modern technology,Market competition is becoming increasingly fierce,Talent has become an important resource for market competition,The free flow of talents will also become an inevitable trend in the development of the world.Employers can create competitive secrets and intellectual property rights,Can’t do without the efforts of the best hired workers,While talents bring value to employers,they often turn their value into their own wealth.The intensification of the flow of talents will inevitably lead to the leakage of commercial secrets in the market competition,Deviated from our goal of creating a level playing field environment.Protect the trade secrets of the competition subject,It is conducive to increasing the investment and innovation enthusiasm of the market competition,Create more wealth for the country and society,Through competition restrictions,we can achieve a win-win situation between talent flow and market competition,But in practice,Non-competition restrictions cannot properly balance the interests of all parties,The laborer lost the right to free choice of employment,The economic compensation for the workers cannot guarantee the maintenance of the original quality of life,Intensifying the contradiction between employers and workers,In the end,it will cause serious damage to the public interest,It becomes an obstacle to achieving a win-win situation in the development of market competition subjects,laborers and social public interests.therefore,Balancing the relationship between the trade secret protection rights of the market competition subject,the labor rights of laborers and the public interests of the society,Will become the main content of this study.This paper focuses on the "Labor Contract Law" and the competition restrictions in the Judicial Interpretation of the Trial of Labor Disputes(4),Combining the advanced legislative experience of Western developed countries,Analysis of the problems and causes of China’s non-competition legislation,Therefore,it puts forward suggestions for further perfecting the competition restriction system in China’s labor contract law.This article consists of five parts:The first part of the introduction explains the research background,purpose and significance of the article,Analyzed the research status at home and abroad,Provide a theoretical basis for further research on China’s competitive restrictions system,And put forward his own research methods,ideas and innovation points for the research content.The second part is the basic theory of the competition restriction system.First,it analyzes the concept and characteristics of competition restrictions,Its characteristics are mainly manifested in five aspects: The specificity of the subject of rights and obligations;To protect the employer’s legitimate competition;Scope,geographic and time constraints;Conventional;Compensatory.Secondly,Introduce the main types of competition restrictions,Including statutory non-competition restrictions and agreed competition restrictions,on-the-job competition restrictions and resignation restrictions.Third,it explains the legal basis of the competition restriction system.Finally,Point out the role played by the competition restriction system.The third part is an analysis of China’s non-competition restrictions system and existing problems.First,the competition restriction system of the Labor Contract Law was analyzed,It mainly deals with the provisions of the Labor Contract Law and the Judicial Interpretation System for Judicial Interpretation of Labor Disputes(4).Secondly,through analysis,it is found that the following problems exist in China’s non-competition system: It mainly includes the scope of competition restrictions,compensation for workers not being able to participate freely,responsibility for liability,and compensation after breach of contract.Third,the main reasons for the above problems are analyzed,which lays the foundation for the specific suggestions for improvement.The fourth part is the legislative practice and enlightenment of the foreign competition restriction system.This paper analyzes the foreign legislation on the competition restriction system and compares it,At the same time,it draws on advanced foreign legislation and experience that suits China’s national conditions.It is pointed out that these legislative practices have the following four implications for perfecting China’s non-competition system: Strictly restrict the application of the competition restriction agreement;Economic compensation as an effective element of the non-competition agreement;Tilt protection for workers;Establish a rationality review system.These revelations have facilitated the study and improvement of the competition restriction system in China.The fifth part proposes improvement measures based on the problems found.First,more detailed regulations have been made on the rationality of the scope of competition restrictions.Second,improve the payment methods and standards of compensation.Third,the mechanism for fulfilling the responsibility for non-competition restrictions has been improved.Finally,reposition the non-competition system to limit the liquidated damages system,Further clarifying the nature of liquidated damages,And set the upper limit of the amount of liquidated damages.