违反竞业限制的民事责任探析（Analysis of civil liability for breach of non competition）.docVIP

违反竞业限制的民事责任探析（Analysis of civil liability for breach of non competition） In recent years, disputes concerning non competition have been increasing year by year in judicial practice. With the restrictions on related disputes involving workers basic rights and protection units competing interests, belong to the labor contract law and anti unfair competition law to adjust the cross field is a difficulty in trial work. Since the legal and judicial interpretations have not yet made specific stipulations on the civil liability for violating the non competition restrictions, there are many disputes in judicial practice, and the author tries to give a brief description of this. 1. About continued performance ??? if the worker and the employer agreed on the non competition clause, in the termination of labor relations, workers in violation of the agreement to participate in the competition, the court can according to the employers request any employee to perform non competition obligations? The author believes that in this case, workers should not be ordered to continue to perform their non competition obligations. The purpose of non competition is to reduce the possibility of competition by employing the confidential information of employers, and to compensate workers for the losses suffered by them. Therefore, the failure of the workers to fulfill their non competition obligations does not necessarily lead to the infringement of the confidential information of the employing units. Moreover, the performance of non competition obligations has strong personal attributes, and if the workers do not want to continue to perform, the court even if the decision is not suitable for enforcement. So when the workers do not want to continue to perform the non competition obligations, the court should not be ordered to continue to perform, workers constitute a breach of contract, should bear the corresponding liability according to law; the employer restrictions before the expiry of the