The Study Of Interest Balancing between Companied and Employees - Focusing on Non-Competition
The prohibition of competition is a problem that may be faced by job seekers or company owner. By this paper, we will learn more about the regulations, that is, the better agreement between the owners and the employees, and then reduce the number of disputes.. Although the Constitution has the right to protect people's work, but the owners will also have the relevant provisions to be bound, so the understanding of the existing regulations is very important. In this paper, study the basic concept of non-compete and related laws and regulations, in-depth understanding of the fact that on job and quit are subject to the existing laws and regulations of the constraints, but its biggest purpose is to avoid malicious competitors, and inherent secret interests, Which is why the need to set the non-competition laws and regulations to give us to follow! Of course, the laws and regulations can not only for employers, workers , to be treated on an equal basis, the contract has got both sides agreement. The scope of the prohibition of non-competition includes in-service and resignation, most of them are due to work disputes after leaving the company, so the study of the separation of non-compete is more important. Current regulations and judgments are following four principles as the reference basis, 1. Employers have legitimate business interests that should be protected. 2. The position or position of the worker shall be in contact with or used by the employer's business secret. 3, the non-competition period, the region, the scope of professional activities and employment objects, not more than reasonable areas. 4. Employers have reasonable compensation for the loss of labor due to non-competition. According to the provisions of Germany and the United States, the United States compared to Taiwan, the United States is more emphasis on rationality, but the German labor is relatively protected. The background and the environment is change all the times, how to provide the east balance point is rely on the experience and legislators work and make the regulation better in the future.