劳动者竞业限制补偿制度研究
发布时间：2018-10-09 16:33
【摘要】：竞业限制协议是用人单位以保护本单位的商业秘密为目的限制特定劳动者自由择业的协议。用人单位同劳动者签订竞业限制协议，，在一定程度上加重了劳动者的义务。对于用人单位有权与特定劳动者签订劳动者竞业限制协议这一权利，必然会导致用人单位对劳动者负有一定的补偿义务，这就是本文所说的劳动者竞业限制补偿制度。劳动者竞业限制补偿制度涉及诸多法律问题，其中平衡好劳动者、用人单位和社会三方的权利义务是其最为重要的问题之一。目前，随着竞业限制补偿制度的广泛适用，在实践中出现了纷繁复杂的关于竞业限制补偿制度的问题，为了改变这一现状，急需建立更加完善和健全的竞业限制补偿制度。 劳动者竞业限制补偿制度在我国立法上已经存在很多年。这么多年来立法上一直在不断地完善该制度。但是到目前为止，其还是存在很多问题。目前关于劳动者竞业限制协议本质属性的问题还存在很多分歧。在立法上关于竞业限制补偿的标准、竞业限制补偿的形式、竞业限制补偿的支付时间和竞业限制补偿支付方式等问题上还存在一定的不合理和缺失。法理上的认识不清将直接导致制度的缺失，制度上的缺失将直接导致劳动者和用人单位权利遭受损失。为了能够确保劳动者和用人单位双方的利益，我们必须从法理深度认清劳动者竞业限制补偿制度的本质，并且完善劳动者竞业限制关于补偿标准、形式、支付时间及支付方式的规定。要想劳动者竞业限制补偿能够更好的保障劳动者和用人单位双方的正当利益：不仅要完善劳动者竞业限制补偿制度，要想从根本上解决劳动者竞业限制补偿在实践中存在的问题更要从用人单位内部和劳动者自身发现问题，在增强企业的社会责任感的同时也要努力地提升劳动者在市场上的地位；与此同时还要大力推进在集体合同中设定劳动者竞业限制补偿条款。
[Abstract]:Non-competition restriction agreement is an agreement that employers restrict the free choice of employment for specific workers in order to protect their own trade secrets. Employer and laborer sign competition restriction agreement, to some extent increased laborer's obligation. For the right of employers to sign a contract with specific workers to restrict their competition, it will inevitably lead to a certain compensation obligation of the employer, which is the compensation system of the laborer's competition restriction. The compensation system of laborer's competition is involved in many legal problems, among which balancing the rights and obligations of the laborer, the employer and the society is one of the most important issues. At present, with the wide application of the compensation system for the restriction of competition, there are numerous and complicated problems about the compensation system of the restriction of competition in practice. In order to change this situation, it is urgent to establish a more perfect and perfect compensation system for the restriction of competition. The compensation system of laborer's competition restriction has existed for many years in our country's legislation. Over the years, legislation has been improving the system. But so far, there are still many problems. At present, there are still many differences on the nature of labor competition restriction agreement. There are still some unreasonableness and deficiency in the legislation on the standard of compensation for the restriction of competition, the form of compensation for the restriction of competition, the time of payment of the compensation for the restriction of competition and the way of payment of the compensation for the restriction of competition. The lack of legal knowledge will directly lead to the loss of the system and the loss of the rights of the laborer and the employer. In order to ensure the interests of both workers and employers, we must have a deep understanding of the nature of the compensation system and perfect the standard and form of compensation. The time and method of payment. In order to protect the legitimate interests of both the laborer and the employer better, we should not only perfect the compensation system, In order to fundamentally solve the problems existing in the practice of compensation for the limitation of labor competition, it is even more necessary to discover the problems from within the employing units and from the workers themselves. At the same time, it is necessary to enhance the position of workers in the market while enhancing the social responsibility of enterprises. At the same time, it is also necessary to vigorously promote the establishment of compensation clauses in collective contracts.
【学位授予单位】：贵州民族大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.5
本文编号：2260009
[Abstract]:Non-competition restriction agreement is an agreement that employers restrict the free choice of employment for specific workers in order to protect their own trade secrets. Employer and laborer sign competition restriction agreement, to some extent increased laborer's obligation. For the right of employers to sign a contract with specific workers to restrict their competition, it will inevitably lead to a certain compensation obligation of the employer, which is the compensation system of the laborer's competition restriction. The compensation system of laborer's competition is involved in many legal problems, among which balancing the rights and obligations of the laborer, the employer and the society is one of the most important issues. At present, with the wide application of the compensation system for the restriction of competition, there are numerous and complicated problems about the compensation system of the restriction of competition in practice. In order to change this situation, it is urgent to establish a more perfect and perfect compensation system for the restriction of competition. The compensation system of laborer's competition restriction has existed for many years in our country's legislation. Over the years, legislation has been improving the system. But so far, there are still many problems. At present, there are still many differences on the nature of labor competition restriction agreement. There are still some unreasonableness and deficiency in the legislation on the standard of compensation for the restriction of competition, the form of compensation for the restriction of competition, the time of payment of the compensation for the restriction of competition and the way of payment of the compensation for the restriction of competition. The lack of legal knowledge will directly lead to the loss of the system and the loss of the rights of the laborer and the employer. In order to ensure the interests of both workers and employers, we must have a deep understanding of the nature of the compensation system and perfect the standard and form of compensation. The time and method of payment. In order to protect the legitimate interests of both the laborer and the employer better, we should not only perfect the compensation system, In order to fundamentally solve the problems existing in the practice of compensation for the limitation of labor competition, it is even more necessary to discover the problems from within the employing units and from the workers themselves. At the same time, it is necessary to enhance the position of workers in the market while enhancing the social responsibility of enterprises. At the same time, it is also necessary to vigorously promote the establishment of compensation clauses in collective contracts.
【学位授予单位】：贵州民族大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.5
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本文编号：2260009
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