Analysis Of Non-compete Disputes

Nowadays,with the rapid development of social economy and the increasing demand for talents in the market,the phenomenon of workers’ job hopping becomes more and more fierce in the face of larger choice space.When they enter a new unit,some workers inevitably disclose the business secrets of the original unit they know and bring losses to the original unit.In this regard,China’s non competition system has a special regulation to reasonably limit the choice of workers,employers give them a considerable amount of economic compensation,so as to achieve the balance of interests of both sides.However,there are still many controversial issues in the signing and performance of the agreement between employers and employees,and there are many different judgments in the same case in judicial practice.In this paper,the combination of case analysis and theoretical research,from the legislative level to maximize the balance between the right of free choice of workers and the employer’s trade secret protection,to maintain social fairness and justice,promote social and economic development is of great significance.This paper consists of introduction,text and conclusion.The text includes three parts:The first chapter and the second chapter are the summary of the judicial documents and cases.This paper summarizes the cases of competition restriction disputes in recent ten years,and extracts the controversial factors in practice as the research background.Three typical cases are briefly summarized,and four controversial focuses with high coincidence degree are summarized for comprehensive analysis.The third chapter to the sixth chapter are the focus of the typical cases.The first one is the influencing factors of the effectiveness of non competition agreements;The second is about the issues related to the workers’ performance of the agreement;The third is the relevant dispute settlement mechanism of liquidated damages;The fourth is about the responsibility of competitive units.This part analyzes the selected cases after each chapter of theoretical analysis,in order to achieve the combination of theory and practice.The seventh chapter is the legislative considerations and specific suggestions on the unreasonable aspects of the legal norms of non competition,in order to make the legal norms of non competition more perfect and promote the balance of interests between employers and employees to a greater extent.