竞业限制协议履行中的若干法律问题研究

劳动者解除竞业限制约定的前提，是竞业限制期限内用人单位未支付经济补偿已达三个月；劳动者应在用人单位迟延支付经济补偿时进行催告，并在三个月后通知其解除竞业限制约定；用人单位解除竞业限制协议，必须采取劳动者知道或应当知道的方式；劳动者解除竞业限制约定后，还可求用人单位支付拖欠的经济补偿金。

Some Researches on the Legal Issues in the Process of Carrying out the Competing Restriction Agreement

The precondition of dissoluting the competing restriction by employees is that the employer doesn＇ t pay economic compensation payment for three months in the period of competing restriction. The em- ployee should urge the employer during delaying compensation payment, and inform the employer that you have dissoluted the competing restriction in three months. If the employer wants to dissolute the agreement, he must take the ways that employees know to dissolute it. Meanwhile, after employees dissoluting the agreement, they still have right to ask for the delayed economic compensation payment.