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On the Competition Limit of the Labor’s Contract Law

Author: ZhangYuJian
Tutor: RaoAi
School: Southwest Jiaotong University
Course: Economic Law
Keywords: Labor Contract Law Non-competition Labor rights Trade secrets Fairness and justice
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 136
Quote: 0
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Abstract

Labor Contract Law on non-competition can also be referred to as non-competition, noncompete or peers prohibition refers to the competition obligations sex workers for current or former employer owed, the obligation of the surviving period workers during employment and after termination of employment - of specific reasonable period. Non-competition system arises and the development of its fundamental goal is that restrictions on the free flow of labor resources in order to protect the employer's trade secrets, commercial secrets is a powerful weapon of the market economy with free competition and profit source and whether it is legal protection is essential. Same time, labor freedom, especially career freedom, guaranteed by the Constitution as a basic human right to life an important element, which requires the release of all its restrictions in order to give full play to their initiative. Thus, the freedom of labor and non-competition as a unity of opposites contradiction, it is also the constant friction and collision of both driving the operation and development of the whole economy and society. In this case, how to protect labor rights and the legitimate rights and interests of workers within the maximum range, while safeguarding the interests of the employer to maximize to become social stability, economic development and comprehensive national strength, as well as the maintenance of the first issue of fairness and justice a. Generation and improvement of the Labor Law and Labor Contract Law, no doubt in large part to reconcile the contradiction between capital and labor, in particular the introduction of the Labor Contract Law, plays an important role in the specification of labor relations. A large collection of information and study at home and abroad on the basis of comparative approach, a comprehensive comparison of the domestic and foreign literature, combined with China's actual conditions, discusses the problem of the non-competition and labor rights protection. Discusses the process, adhere to based labor rights and interests of workers, labor relations as a link to the social harmony and stability, economic development as the ultimate goal, trying to find the optimal win-win balance point to maximize the interests of capital and labor rights protection. From a structural point of view, a total of six chapters, Chapters I and II from the theoretical analysis of the basic theory related to the non-competition, the third chapter of our legislation as the basis for the non-competition analysis, Chapter 4 Comparative Law research methods to analyze the non-competition, Chapters V and VI will be concluded on the basis of observation and analysis of domestic and international legislation and practice. From the content point of view, this article will be Marxist philosophy as a starting point to explore the relationship between the freedom of labor and the non-competition, clear concepts and definitions to clarify the theoretical relationship between the two and the existence of the foundation, will then be carried out on the basis of a large number of comparative law studies observation and analysis, combined with the construction of the system of non-competition in China's Labor Contract Law, of their own understanding and analysis, Finally, we will take the Stones from other hills to attack native of jade, the basis of their own understanding and analysis on the proposed revision of the inadequacies of the existing non-competition system in China, these corrections to the existing system from the legislative, judicial and law enforcement, the theory with practice, and strive to improve the non-competition system on the Labor Contract Law .

On the Competition Limit of the Labor’s Contract Law

Abstract

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