劳动法之竞业限制问题探析

On the Prohibition of Business Strife in the Law of Labor

竞业限制分为法定竞业限制或禁止和约定竞业限制或禁止。我国劳动法尚无明确的竞业限制条款,而《劳动合同法》对竞业限制进行了专门规定,具有很高的立法价值,但是,还存在"法定"与"约定"之争,没有体现出违约金补偿的性质,偏漏了劳动关系存在时的竞业限制义务。所以劳动法对竞业限制的规定有待进一步完善。

Statutory prohibition of business strife and appointed prohibition of business strife are the main forms of prohibition of business strife,there are not clauses of prohibition of business strife in our labor law,but it has been stipulated in the law of labor contract,it will be significance to legislation.There are some defects in the law,such as,it＇s difficult to distinguish the statutory pro-hibition of business strife and appointed prohibition of business strife ,the Compensating ought to be the character of labor contract, and it has no punitive damages.The defects of the clause ought to be revised.