Study On Unilateral Rescission Right Of Non-competition Agreement Of Labor Contract

Business competition is becoming more and more fierce,and enterprises pay more and more attention to the competition for talents.Therefore,the signing of non-competition agreement is more and more favored by enterprises,and there are more and more dispute cases about non-competition agreement between the two parties of labor contract.The issue of unilateral termination of non-competition agreement has always been a controversial issue in academia and practice.Since the system of competition is written into the Labor Contract Law,the scholars have made a full study on the problems such as the identification of effect of competition agreement and the liability of default of competition,which plays an important role in improving the system of non-competition in our country.However,there are few studies on unilateral cancellation of non-competition agreement in academic circles.Unilateral cancellation of non-competition agreement is the right of both parties to cancel non-competition agreement.Since the non-competition system was incorporated into the Labor Contract Law,it has played a normative role in the reasonable flow of talents.However,the unilateral termination right of non-competition system highlights the protective effect on employers,which is no longer in line with the current actual situation.Therefore,it is necessary to strike a reasonable balance between the rights of employers and employees,so as to protect the interests of enterprises and can timely protect the corresponding rights of employees.This paper first makes a micro analysis of the typical cases of non-competition agreement,and finds that there is some irrationalities in the judgment of the case,and briefly analyzes the equal application of the principle of good faith,the exercise of unilateral termination right and the termination time of non-competition agreement highlighted in the case.Then,it basically defines the concept and connotation of unilateral termination right of non-competition agreement,and analyzes the jurisprudence of unilateral termination right of non-competition agreement according to the principle of good faith and autonomy of will.It is found that the unilateral right to rescind the non-competition agreement in the field of labor contract has its particularity in the non-competition agreement itself,the source of the unilateral right to rescind,the cost of the unilateral right to exercise and the subject of the unilateral right to exercise.At the same time,this paper combs and analyzes the legislative and judicial status quo of the unilateral termination right of non-competition agreement,and makes a comparative study of the non-competition clause in the Labor Contract Law and the legal norms of different regions,and finds that the unilateral termination right of non-competition agreement is not uniform in terms of legal norms and unequal in terms of exercise.There are some problems in the protection of interests,such as unbalance and abuse of unilateral cancellation right.Finally,based on the beneficial practices in other countries,this paper puts forward some suggestions to improve the unilateral rescission right of the non-competition agreement.First,the exercise of the unilateral rescission right of the employer is reasonably restricted,and the applicable conditions of the unilateral rescission right of the employer are clearly defined.The second is to improve the unilateral rescission right of the employee,and give the employee the unilateral rescission right when the employer defaults on the payment time and the payment amount;The third is to specify the provisions on the exercise of unilateral rescission right.The exercise of unilateral rescission right should be made in an express way,and the legal consequences of the exercise of unilateral rescission right should be clearly stipulated in stages.