竞业限制在企业实操中存在的问题及应对策略

The Problems and Countermeasures of Competition Limitation in the Practical Operation of Enterprises

竞业限制是公司保护商业秘密的重要手段,起源于西方的公司董事、经理竞业禁止制度。竞业限制的人员限于用人单位的高级管理人员、高级技术人员和其他负有保密义务的人员,其范围、地域由用人单位与劳动者依法律法规进行约定,期限不得超过二年。其在企业实操中的疑难点主要有:认识模糊,责权不清;对象不明确,有宽泛化倾向;约定的商业秘密范围不清晰;适用范围不清;经济补偿标准不一。落实竞业限制制度,要全面理解它的内涵和特点,约定要合法、合理,同时要加强公司企业文化建设和离职竞业限制员工管理。

Competition limitation is an important means for companies to protect their trade secrets,originating from the prohibition of business strife system of company directors and managers in Western countries.Competition limitation is limited to senior managers,senior technical personnel and other personnel of the employer who are subject to confidentiality obligations,and the scope and geographical area shall be agreed upon by the employer and the employee in accordance with laws and regulations,and the term shall not exceed two years.The main difficulties in its practical operation in enterprises are as follows:vague understanding and unclear responsibilities and rights;unclear objectives,with a tendency towards generalization;unclear scope of agreed commercial secrets;unclear scope of application;different economic compensation standards.To implement the competition limitation system,it is necessary to fully understand its connotation and characteristics,and the agreement should be legal and reasonable,as well as the strengthening of the company’s corporate culture construction and the management of employees who have left the company and are subject to competition limitation clauses.