离任董事、高级管理人员的竞业禁止义务——跳槽热中的冷思考

Obligations of Prohibition on Business Competition for Directors off post and Senior Managers

目前,我国尚无有关专门竞业限制的立法,且我国新《公司法》未就董事、高级管理人员离任后的竞业禁止义务作出规定。事实上,对离任董事、高级管理人员竞业禁止义务进行规制很有必要。离任董事、高级管理人员的竞业禁止义务主要体现在其与公司签订的竞业禁止协议中,主要涉及竞业禁止的内容、时间、地域、补偿以及违反竞业禁止义务后应承担的责任。竞业禁止义务是否合理主要在于考察上述事项的合理性。因此,新《公司法》应合理规定离任董事、高级管理人员的竞业禁止义务。

So far,there is no specialized legislations on obligations of prohibition on business competition in China, and our cotmtry＇s new Company Law makes no regulation on obligations of prohibition on business competition for directors off post and senior managers. In fact,it＇s of great necessity to regulate their obligations of prohibition on business competition when they leave their post. Their obligations obligations of prohibition on business competition are mainly embodied in their contracts signed with their companies,which mainly involve the content ,time ,place, compensation of prohibition as well as the responsibility of breaking the agreements. Whether the obligations of prohibition on business competition are reasonable is based on the rationality of above -mentioned factors. Therefore ,new Company Law should reasonably stipulate the obligations of prohibition on business competition for directors and senior managers who leave their posts.