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The Conficts and Coordination between Non-competition System and Employment Choice Right

Author: MeiDanDan
Tutor: LiLiang；ChenRuiJie
School: Henan University
Course: Economic Law
Keywords: Noncompete Trade secrets Careers liberties
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 86
Quote: 0
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Abstract


Noncompete has a variety of conflicts of interest exist contradictions, businesses protect trade secrets and the laborers career free contest results, and so are reflected in the laws of most countries. Noncompete by limiting the careers of workers the right to freedom of enterprises, thereby having the effect of protecting corporate trade secrets, this does not seem fair to the provisions of the reasonableness and necessity of its existence, has. However, the non-competition provisions of applicable must be subject to certain constraints, we want noncompete prerequisite, the main range of non-competition, geographical, field, breach of responsibility and time correctly understood. This article is divided into three parts introduction, body and conclusion. The text is divided into four chapters. First chapter mainly involves the noncompete basic problem, from the noncompete's definition of reasonable noncompete system and the conflict of interest involved, noncompete provisions of the obligation of confidentiality relations perspective noncompete issues specifically addressed. The second chapter from the perspective of comparative research on non-competition inquiry, first introduced noncompete History, and then divided the common law system, the civil law analysis of the major countries noncompete provisions. The Chapter Three main the noncompete to our legal research and analysis. This chapter first cited noncompete provisions in China, especially in China's Labor Contract Law \Then analyze the inadequacies of these provisions. In particular the emphasis on China's labor law from noncompete prerequisite, the main range, field geographical deadline, economic compensation, and liability to non-competition and non-competition and protection of workers' rights in . The fourth chapter is mainly involved in the conflict balance problems of the enterprises of their own protection and the rights of workers in the non-competition in a market economy. First, the principle from the provisions of noncompete analysis, followed by specific analysis is perfect from the non-competition provisions. The concluding section summarizes the point of this article. The authors believe that in recognition of the noncompete provisions of positive significance, must be limited within a reasonable range, otherwise it will cause excessive restrictions on the right to freedom of the workers' careers, and thus would violate the legitimate rights and interests of the workers themselves.

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