Research On The Identification Of Employees' Violation Of Non-competition Obligation

In the increasing competition for talents,the non-compete system plays a key role as an important legal system to regulate the competition of talents and ensure the competitiveness of enterprises.Against this background,there have not only been more and more non-compete cases in our country in recent years,but the circumstances of the cases are complex.The forms of violations of non-competition by workers have become more and more diverse.How to determine the violation of non-competition obligations by workers has become an extremely important factor in non-compete cases.and divergent issues.Therefore,this paper takes this as the research object,aiming at the dilemma of determining the violation of non-compete obligation in judicial practice,and conducts in-depth research on the conflict of legal interests,substantive elements,evidence structure and other issues in determining the violation of non-compete obligation.Regarding the judicial dilemma of determining the violation of non-compete obligations by workers,this paper analyzes and summarizes the big data of judicial judgment cases,and finds that: based on the conflict of legal interests characteristics of the non-compete system itself,the principles for determining the violation of noncompete obligations by workers and The standards are ambiguous;the substantive elements for determining the violation of the non-compete obligation by the laborer are complex,and how to verify the fact of the non-compete breach has become the focus and difficulty of dispute resolution;since the determination of the violation of the non-compete obligation by the laborer requires the original employer to bear the main burden of proof,The original employer had difficulty in proving it because it lost the right to manage the workers.Regarding the principles and standards for determining the violation of noncompete obligations by workers,this paper specifically demonstrates the relationship between workers’ autonomy in employment,employers’ commercial competitive advantages and rights,and social public interests Conflict of legal interests,analyze its value orientation and significance,and sort out the applicable principles for coordinating non-compete conflicts.These principles are mainly divided into the principle of coordination of interests and the principle of inclined protection,and it is clearly determined that the violation of the non-compete obligation should be centered on respecting the legislative purpose,and the guiding ideology of leniency and rigor in the judicial review process.Based on the principle and standard for determining the violation of noncompete obligations derived from the demonstration of legal interests The main body is qualified,there is a competitive relationship between the old and new employers,and the laborers and the new employers are related to participation;further,the review standards should be established in legislation,the judiciary should strengthen substantive penetration review,and administratively create a competition filing system.The analysis of the substantive elements regarding the determination of the violation of the non-compete obligation should also be combined with the analysis of the evidence structure.The evidence structure for determining the violation of noncompete obligations includes evidence of subject qualification,evidence of competition between enterprises,and evidence of the association between workers and competing enterprises.The "difficulty in producing evidence" is mainly caused by the original employer’s single evidence collection channel,the various packaging methods of competing companies,and the poor evidence collection effect of the referee agency.Therefore,it is necessary to improve the employee’s active notification and disclosure system,and add a joint and several liability system for competing companies.And strengthen the evidence collection of referee institutions.To sum up,when determining whether a worker violates the non-compete obligation,it should focus on the legislative purpose of the non-compete system,respect the principles of interests coordination and preferential protection,and moderate leniency and strictness in the judicial review process.Specifically,from the perspective of substantive elements,it is necessary to demonstrate the eligibility of the subject of non-compete obligations,to fully examine the competitiveness of the new and old employers,and to find out whether there is a substantial connection between the laborer and the new employer.In terms of evidence,it is necessary to substantively review the integrity of the evidence structure,attach importance to the distribution of the burden of proof,strengthen the channels and methods of evidence collection,and focus on solving objective difficulties such as "difficulty in producing evidence",to strive to achieve substantive wear in the process of determining whether workers have violated their non-compete obligations.Thorough review to protect the legitimate rights and interests of all parties from being infringed.