The Expansion of the Scope of Non-Competition and Its Judicial Countermeasures

Abstract

At present, there are expansion issues of the non-competition system in practice, especially the expansion of the scope of the non-competition agreement and the abuse of the system by the employer, which has brought many adverse effects. In essence, the rationality of the system lies in the maintenance of labor ethics with capital, with the dual nature of labor relations and civil relations, and its system design is more beneficial to employers, which leads to excessive autonomy and arbitrariness of employers. Drawing on foreign experience and other departmental laws, at the judicial level, attention should be paid to introducing the concept of “relevant market” and initiation of joint and several liability reviews on new employers to limit the scope of non-competition and to curb the abuse of non-competition by employers.