竞业限制协议问题研究

Research on the Issue of Non-Competition Agreement

随着中国社会主义市场经济的快速发展,市场经济中的竞争也在不断加剧。用人单位通常与劳动者签订竞业禁止协议,以保护劳动者的商业秘密。但对于劳动者来说,这大大增加了再就业的难度,其权利也受到一定程度的限制。因此,竞业限制制度有利有弊。虽然它保护了雇主自身的利益,防止了其竞争优势的丧失,但它在一定程度上是以牺牲劳动者自由选择工作和劳动生产的权利为代价的。因此,只有在一定程度上限制竞业禁止协议,制度才能更好地发挥作用。本文从协调劳动者合法权利与保护用人单位商业秘密之间的冲突出发,通过实例总结了我国竞业限制制度存在的问题,参考国外的立法理念结合我国实际情况,提出了完善我国竞业限制制度的建议。首先,对于竞业限制协议的法律规定在限制主体、限制范围、限制方面都没有具体明确的规定,其次在经济补偿金的设置和违约金的责任分担都存在不合理之处,因此,笔者提出通过明确竞业限制的范围、明确经济补偿金的适用标准和完善违约责任制度三个方面来促进竞业限制协议问题的解决。

With the rapid development of China’s socialist market economy, the competition in the market economy is also increasing. Employers usually sign non-competition agreements with laborers to protect their business secrets. But for workers, this greatly increases the difficulty of re-employment, and their rights are restricted to a certain extent. Therefore, the system of non-competition coexists with advantages and disadvantages. Although it protects the employer’s own interests and prevents the loss of its competitive advantage, it comes at the expense of workers’ right to choose jobs freely and labor production to a certain extent. Therefore, only by limiting the non-competition agreement to a certain extent can the system play a better role. In this paper, from the perspective of coordinating the conflict between workers’ right to choose their jobs freely within the scope of law and the protection of employers’ trade secrets, we summarize the existing problems in China’s non-competition system from examples, combined with the legislative ideas of mature non-competition system abroad, fully consider China’s national conditions, and put forward suggestions to improve China’s non-competition agreement system. First of all, the legal provisions on the non-competition agreement do not have specific and clear provisions on the subject of restriction, scope of restriction and limitation. Secondly, the setting of economic compensation and the sharing of liability for liquidated damages are unreasonable. Therefore, the author proposes to solve the problem of non-competition agreement by clarifying the scope of competition restriction, clarifying the applicable standard of economic compensation and improving the liability system for breach of contract.