我国劳动法中应设立竞业禁止条款——兼谈弥补我国《劳动法》第22条的立法缺失

Rule of Prohibition of Business Strife Needed in China's Labor Law

竞业禁止作为保护商业秘密的重要措施,早已被各国以立法形式普遍采用。我国《公司法》亦有竞业禁止规定,用以保护公司的商业秘密。但是,随着高科技经济的不断发展,大量的商业秘密随着掌握其的技术员工或职工离职、兼职而泄露流失,使公司、企业利益遭受重大损失。为此,我国劳动法应设立竞业禁止条款,以弥补《劳动法》第22条的立法缺失。

Prohibition of business strife, as one of the important measures to protect business secret, has already been stipulated in legislation by many countries. You can see it in our Companies Law, whose purpose is to protect the business secret belonging to a company. However, with technical workers or staff which hold the company's business secret leaving or doing a part-time job in other company in the same industry or business, a number of business secrets are revealed and lost, which do a lot of damage to the interests of companies held them. For this reason, China's Labor Law should make the provision of prohibition of business strife, so that the legislative imperfection of No. 22 in Labor Law could be make up for.