According to the worker's daily on January 10, in recent years, there has been an obvious upward trend in labor dispute cases caused by non competition restrictions. Cases of workers' job hopping and leaving take away the business secrets of the original employer, resulting in economic losses of the original employer occur from time to time, and it is not uncommon for employers to abuse the non competition restriction system to restrict workers in order to protect business secrets. Some workers working in security guards, chefs, hairdressers, beverage salesmen, cleaners and other positions have been restricted from competition, and some enterprises even require all employees to sign competition agreements. How many "core secrets" can security guards, cooks, cleaners and other occupations come into contact with at work and how many can they take away after leaving? According to the labor contract law and other relevant laws and regulations, the employer and the employee may make an agreement on non competition in the labor contract or confidentiality agreement on the confidentiality of the employer's trade secrets and intellectual property rights, such as restricting the employee from working in a unit that has business competition with the original unit within a certain period of time, Or start their own business but operate the same type of business as the original unit. However, this restriction is not without boundaries. The relevant provisions also make it clear that the subject of non competition restriction is limited to senior managers, senior technicians and other persons with confidentiality obligations. This is because senior talents may be exposed to the operation and Management Secrets of the enterprise in their work, senior technicians may master the core technology of the enterprise, and other personnel with confidentiality obligations may have the risk of damaging the interests of the original unit after leaving. Enterprises can put forward requirements and restrictions on the reemployment of these groups according to law, but they can not arbitrarily expand the scope of application of competition restrictions, otherwise they will not only be suspected of breaking the law, but also infringe on the rights and interests of workers. The non competition clause is a restriction on both parties of labor relations, but some enterprises blindly require workers to comply with the non competition requirements, but they never perform the relevant obligations. For example, the law stipulates that enterprises should pay relevant compensation to workers in full, but in reality, some enterprises require workers not to engage in relevant industries while passively paying compensation, or attach other requirements such as extending the time of competition restriction and limiting the space and region of competition restriction to relevant agreed matters, which are contrary to the original intention of the system of competition restriction. On the premise of ensuring the rational flow of talent resources, protect the legitimate rights and interests of relevant trade secret holders and intellectual property rights holders to the greatest extent, so as to promote the rational allocation of various business factors and orderly competition in the market - this is the original intention of the non competition system. As an agreed clause or agreement, giving employers and workers the greatest autonomy without breaking through the bottom line of relevant laws is also encouraging relevant factors of production to make the best use of them, so that both parties of labor relations can get together and disperse well, and build a harmonious labor relationship. In the name of protection and restriction, we have set up cards and added weight to workers everywhere. In recent years, many similar cases have occurred everywhere. Fortunately, with the coordination and correction of labor administrative departments, judicial organs and trade union organizations, the rights and interests of many workers have been effectively safeguarded. However, in the long run, it is also necessary to strengthen the supervision and punishment of such acts, and refine the relevant provisions, so that enterprises have no room to "explain" and expand at will. (Xinhua News Agency)