Research On The Legislation Of Competition Restriction

With the rapid development of the market economy,the importance of trade secrets has become more and more prominent.Trade secrets play an important role in promoting technological innovation and promoting industrial upgrading.In recent years,the innovation of the network economy and the emergence of new forms of employment have made the infringement of trade secrets occur from time to time.The debate about protecting trade secrets and promoting market competition has been enthusiastic in the theoretical circles.Under the general trend of "talent economy",workers and employees have ushered in a new round of development opportunities and challenges.The accumulation and release of talent capital can not only promote the development of enterprises,but also have extraordinary significance for optimizing a good business environment.Among all the factors of production,workers have always been the most active and at the same time the most difficult to control factor.Reasonable social mobility of labor can create incentives for laborers and realize the optimal combination of enterprise human resources.The non-competition system emerged in this context.By restricting the free flow of talents,the protection of labor rights and the protection of trade secrets are realized.From the perspective of labor law,this article first defines the limitation of competition in labor relations as a contractual obligation,not a subordinate concept of loyalty obligations.It is not the same as the statutory non-competition obligations of directors and senior managers in company law.The prohibition of competition in the labor law is a contractual obligation and a post-contract obligation.The purpose of legislation is to protect workers;the prohibition of competition in the company law is a legal obligation and an obligation of loyalty,and the purpose of legislation is to protect business secrets.Among them,the most important thing is the difference in legislative purpose and purpose,which is also the main thread running through this article.In addition,with the protection of labor rights as the center,a legal analysis of competition restriction is carried out.A comparative analysis of the three pairs of legal relationships in the competition restriction,especially the relationship between new employers and workers,which is rarely discussed.This part also analyzes the connotation of the obligation of loyalty and makes it clear that the competition system in labor relations is not an obligation of loyalty and should not be imposed on workers.The conflict between labor rights and management rights is also a topic that cannot be avoided in the discussion of the competition system.Its essence is the confrontation between social rights(or freedom rights)and private rights.In the construction of the competition system,one should be wary of the impact of private rights on labor rights.Infringe.Secondly,my country’s labor legislation regulates the restriction of competition,which has initially realized the protection of labor rights and the right to subsistence of laborers in the competition system,but there are still many problems that have caused theoretical and practical disputes.For example,the scope of the subject of the obligation of competition is not clear;the minimum standard of economic compensation is disputed;there is a lack of restrictions on the geographical scope;the standard for determining effectiveness is lacking;the legal liability is unbalanced;and so on.This all reflects that when our country’s labor legislation regulates the competition restriction system,the basic principle and legislative purpose of protecting workers are not firmly grasped,and the interests of employers are protected too much.The legal obligations and responsibilities of labor and management are not balanced.Even biased.Finally,there is an urgent theoretical and practical need to improve the legislation on the limitation of competition in labor relations.Combining with mature legislative and judicial experience outside the territory,the following suggestions and prospects for the improvement of labor legislation are mainly put forward: First,adhere to the principle of protecting workers,and apply the "favorable principle" to a limited extent in the entire process of labor contracts and disputes.,Make an explanation that is beneficial to workers.At the same time,the basic principles of civil law,such as the autonomy of private law and the principle of freedom of contract,must be applied cautiously.Second,strictly limit the scope of the subject of the obligation of competition to prevent employers from expanding the subject of obligation at will and encroaching on the living space of workers.It is also necessary to distinguish between the legal attributes of directors and other executives,and to determine the identity of workers based on de facto labor relations.Third,clarify the minimum standard of economic compensation and the geographical scope of the restriction obligation,and exclude the infringement of labor rights caused by legislation in general.Fourth,introduce the standards for determining the validity of non-compete agreements,stipulate the types of effectiveness of "non-binding" and "invalid",and make agreements that do not agree on economic compensation invalid.Fifth,stipulate the legal responsibilities of the original employer and the new employer,balance the rights and obligations of labor and management,and prevent competitors from stealing other people’s business secrets at will.