论劳动关系中的保密义务和竞业禁止

On the Secrecy Obligation And the Prohibition of Business Strife

用人单位与劳动者约定竞业禁止可以减少用人单位商业秘密被侵犯的机会,但劳动者的保密义务不以当事人之间的明示约定为前提。用人单位与劳动者之间的竞业禁止协议必须建立在真正的契约自由的基础之上,以用人单位存在可保护的商业秘密为前提,并不得侵犯劳动者的基本人权。

The contractual prohibition of business strife between employers and employees can reduce the chances thought which the employer's business secret shall be infringed. However,the express agreement between the parties is not the prerequisite for the employee's secrecy obligation.The agreement of prohibition of business strife between employers and employees must be based on freedom of contract,and be predicated on the situation that there is employer's business secret that can be protected.Also,the agreement must not infringe the employee's basic human rights.