Study On The Perfection Of Labor Law Regulation Of Competition Restriction

As one of the few systems that are not conducive to workers in“ Labor law ”,the legal system of competition restriction needs to be paid attention to.The purpose of the system is to balance the protection of business secrets owned by employers,and the protection of the free choice of employment rights of.However,it is difficult to balance the interests of both employers and employees in the implementation process,and the imperfect legal system of competition restrictions makes this situation more serious.Although many,and even excess restrictions on competition to completed the protection of the employer ’ s commercial secrets,but too limited the rights of workers.Too few restrictions do not interfere too much with workers ’ career choices,but from the perspective of employers,the protection of their commercial secrets is adverse.So,to ensure the appropriateness of competition restrictions,grasp the balance is the core of the whole system,is the most important criterion to test this system.Since there is no clear distinction between the restriction of competition in labor law and civil and commercial law in judicial practice,the author first defines the concept of the restriction of competition in labor law and clarifies the difference between the restriction of competition in labor law and civil and commercial law.Secondly,through the statistics of the data in the judicial cases,this paper summarizes the problems existing in the practice of competition restrictions,and on this basis,combined with the existing legislation,points out the imperfections and their causes in the labor law regulation of competition restrictions.Finally,because of the imperfect part of the system,combined with the advanced experience of foreign countries and scholars ’ point of view,put forward more specific and feasible suggestions,including through legislation to improve the effectiveness of the provisions of the standard and to ensure that the relevant subject,duration and business and geographical scope of the agreement is more reasonable,the relevant breach of penalty and compensation payment standard is more clear.In addition,in the process of improving the regulation of labor laws and regulations on competition restriction,the most important thing is to protect the freedom of employment of workers to the maximum extent on the basis of fully protecting commercial secrets.