analysis of the non-compete clauses in labor contracts（分析竞业禁止条款的劳动合同）.doc

Analysis of the non-compete clauses in labor contracts Abstract This article from the analysis of the duty of loyalty the noncompete and labor law comparison paper analyze the conditions of use of a noncompete agreement and elaborated should pay attention to the problem of judicial practice in the use of a noncompete agreement. Paper Keywords noncompete duty of loyalty noncompete agreement In recent years, causing loss of benefits due to employees “quit” to the original unit labor dispute caused increasingly attracted the attention of the noncompete clause in the labor contract law, employer trade secrets protection and workers’ own jobs right to maintenance important practical problem to become the face of law and labor policy. taken to enter into a confidentiality clause in the labor contract, non-compete agreements become to solve this problem, an important means of balance between employers and employees interests. A noncompete connotation (A noncompete definition noncompete refers to workers based on the the noncompete agreement reached with the employer to provide the work within a certain time after the dissolution of the labor relations, the employer shall not engage in their services compete or business activities, is a measure of legal protection of the legitimate interests of the employer. (Two of noncompete judicial practice, some of our departmental regulations or local laws and regulations on separations noncompete provisions lt;lt; flow of enterprise employees a number of issues, such as the Ministry of Labor gt;gt; 2 State Science and Technology Commission on the strengthening of a number of views of the management of the flow of scientific and technical personnel, technical secrets gt;gt; 7 lt;lt; gt;gt; lt;lt; Guangdong Province Regulations on the Protection of the technical secrets, etc. of the legal normative documents specific to competition restrictions made a more detailed scope, duration, amount and method of payment of