竞业禁止与职工权益的保护

竞业禁止是市场经济发达国家雇主较为广泛采用的保护其商业秘密的法律手段,也是雇主用于抵消员工培训成本的利刃,它对于提高雇主在人才和技术的保护上无疑具有重要的作用。但由于它不仅与雇主的利益有关,而且也关系到雇员的劳动权乃至生存权,同社会公共利益不可避免存在冲突。因此在我国立法中要对竞业禁止予以合理的限制,以协调商业秘密保护与劳动者合法权益之间的关系。

Prohibition of Business Strife and the Protection of Staff and Workers' Rights

The prohibition of business strife is the major way employers adopt extensively of the law means to protect its business secret in countries with developed market economy,and is also used for offset to train costs of the employees.It is of significance for employers to protect the talented person and the technique.But because it is not only related with the benefits of the employer,but also related with the labor power of the employees and also their right of life,it is ineluctable to conflict with social public benefits.Our country must adopt reasonable restriction to prohibit business strife in legislation to moderate the relation between the business secret protection and the staff and workers' legal rights.