员工竞业禁止研究

员工竞业禁止之理伦基础是普通法上雇员之默示义务及现代产业扩张、产业竞争压力增大而形成的客观环境。员工在职竞业禁止在普通法系中表现为雇用期间之约定俗成,即雇主忠心事主是其义不容辞的默示义务;员工离职竞业禁止制度的设计,需权衡用人单位利益与劳动者就业权之间的冲突。

A Study of Restrictive Covenants

The ethics of a restrictive covenant is based upon the implicit obligation of employees in common law and is justified by the fact that competitions between businesses are becoming more and more fierce.Under the usage,an employee should promise not to compete with his/her business during the employment,for it is his/her implicit obligation to work faithfully for the employer.Where the employment is cancelled or terminated,whether a non-competition covenant is confirmed depends upon a consideration of both the interests of the employer and right to employment of the former employee.