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竞业禁止也称竞业限制,主要是指企业的职工(尤其是高级职工)在其任职期间不得兼职于竞争公司或兼营竞争性业务,在其离职后的特定时期或地区内也不得从业于竞争公司或进行竞争性营业活动。在当今市场经济下,对大多数企业而言,拥有商业秘密就等于拥有了在市场厮杀和角逐的强大竞争力,因此竞业禁止制度作为一个保护企业商业秘密不为雇员所泄露的法律武器引起越来越多的企业重视。虽然竞业禁止较好地平衡了企业与员工的利益,但是在实践过程中,它又往往成为引发劳动争议的导火索。本期邀请到劳动法专家、长期致力于劳动法律实务与研究的王桦宇先生给大家就如何理解竞业禁止法律概念并针对竞业禁止法律纠纷提供专业意见和应对策略。
Prohibition of non-competition, also known as non-competition restrictions, mainly refers to the enterprise employees (especially senior staff) shall not be part-time during their tenure of competing companies or competing businesses, after the departure of a particular period or region are not practitioners In competition with companies or conduct competitive business activities. In today’s market economy, for most businesses, the possession of trade secrets amounts to a strong competitive edge in market competition and competition, so the noncompete system as a legal weapon that protects the business secrets of employees from being leaked to employees More and more businesses value. Although the prohibition of non-competition is a good balance between the interests of enterprises and employees, in practice, it often becomes the trigger of labor disputes. In this issue, Mr. Wang Hua-yu, a labor law expert and long-time labor law practitioner and researcher, is invited to provide expert opinions and coping strategies on how to understand the concept of non-competition law and prohibit non-competition lawsuits.