Research On Non-competition System From The Perspective Of Enterprise Compliance

The agreed non-competition in the non-competition system is mainly used in the field of labor relations,which is one of the important legal means for enterprises to maintain their competitive advantage.Compared with other methods used by enterprises to protect trade secrets,the system of noncompetition authorizes enterprises to stipulate the rights and obligations of employees after the termination of labor relations by contract,which can reduce the burden of proof of relevant rights protection of enterprises and show institutional advantages.Nevertheless,there are still some problems in the concrete practice of agreeing on non-competition.Firstly,some concepts in the system are not as clear as to be well understood and applied.Secondly,some enterprises classify the commercial information that does not belong to the protection of this system as confidential matters,expand the scope of the subject of non-competition obligations,and finally infringe on the freedom of employment of the corresponding employees.Moreover,the judicial organs will adopt the tilt protection concept of labor law from time to time to solve the disputes of non-competition,causing a phenomenon that the judgment standards of the total amount of liquidated damages and whether the employees perform non-competition behaviors are not uniform,which cannot effectively stabilize the reasonable expectations of all parties in the operation of the system.Enterprise compliance is a governance mode established by enterprises to realize and maintain maximum benefits,to avoid or reduce their own risks in market economy activities.The extension of compliance is wider than legality,and its minimum requirement is that all behaviors,including enterprise employment,fall within the framework of legal system.Compliance is not the unilateral management behavior of the enterprise,but the work completed by the enterprise with the joint assistance and supervision of the legislature,as well as the judiciary and the government.The development and improvement of the noncompetition system can introduce the concept of enterprise compliance,and it can be realized by the joint efforts of the above parties.Enterprises follow the concept of compliance and correctly use the agreed non-competition measures.Government supervision departments use the combination of rewards and punishments to urge enterprises to establish and improve the compliance management system.Legislature defines the scope of the obligation subject of non-competition by limiting the substantive meaning of enterprise’s secret,expressly stipulates the punitive nature of liquidated damages in the application of non-competition and gives enterprises the right of disgorgement so that to better realize the purpose of protecting the legitimate rights and interests of enterprises by the system.The highest judicial organ issues guiding cases or promulgates judicial interpretation to unify the adjudication principles of non-competition disputes to guide the practice of non-competition system from the perspective of law application.