Ban or Strict Regulation:China's Non-Compete Mode and Normative Approaches
Non-compete agreements involve the employer's right to protect trade secrets and the employee's right to work,and they also impact public interests.The design of relevant systems and their judicial application should balance the interests of all parties.In practice,the inadequacy of legislation and the lenient judicial standards in China have encouraged employers to misuse non-compete a-greements.In the context of vigorously developing new productive forces,although China cannot transplant the latest"final rules"from the United States,it can learn from the judicial experience of America in reviewing the enforceability of non-compete agreements.Chi-na should establish relatively strict dual review standards in the field of non-compete agreements and support them with measures to prevent"de facto non-competition."
Labor Contract Lawnon-competetrade secretsbalance of interests
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