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Covenants Not to Compete in the protection of the rights and interests of laborers

Author: HaoPeng
Tutor: HuLanLing；LeiYingJun
School: Tianjin Normal University
Course: Legal
Keywords: Noncompete The protection of workers' rights The principle of social and public interests priority
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 77
Quote: 0
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Abstract


The noncompete system has a certain historical development , and has played a significant role in the effective protection of trade secrets , and maintain the normal order of market economy , the protection of the rights and interests of laborers . Covenants Not to Compete in general reflects the progress on the deal with the relationship between employers and employees in the market economy environment , the advantages outweigh the disadvantages . Significant changes in employment patterns in the growing prosperity of the socialist market economy , people often have staff quit the company to poach staff of other companies , enterprises often an excuse to do all sorts of harsh restrictions on the re-employment of . Our the noncompete system development history is still very short, immature in theoretical research and legislative practice . How to balance between the rights of the labor rights of the workers and the business of the employer , as much as possible to protect the rights and interests of laborers , has become a major part of China 's labor legislation . In this paper, the study of labor rights protection perspective , comprehensive and systematic analysis of the noncompete theory on the protection of workers' rights , and fully learn from the developed countries, advanced theoretical research and legislative experience , noncompete system in our country about labor the protection of the rights of a number of recommendations , in order to better safeguard the rights and interests of laborers in practice . The article is divided into the following three parts : First, the problems of our the noncompete system in the protection of the rights and interests of laborers ; explore the theoretical basis of the noncompete system of labor rights protection , and research related principles ; three the proposed the our the noncompete system of specific measures to better safeguard workers' interests .

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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