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在企业保护商业秘密的种种方式里,竞业限制是其中强而有力的举措之一。但从当前企业的实践来看,许多企业虽然与员工订立了竞业限制协议,但一旦就此与员工发生纠纷,将员工诉诸劳动仲裁、诉讼后,企业的主张往往难以得到劳动仲裁机构或人民法院的支持。这一现象反映了在当前法律背景下,不少企业对竞业限制的法律规定在理解上仍存在误区。本期圆桌谈话将就竞业限制的法律规定及适用进行探讨。
Among the various ways in which enterprises protect trade secrets, competitive restrictions are one of the powerful measures. However, according to the practice of the current enterprises, although many enterprises have entered into non-compete agreements with their employees, once they have disputes with their employees and resorted employees to labor arbitration and litigation, their opinions are often hard to obtain by labor arbitration institutions or people Court support. This phenomenon reflects that under the current legal background, many enterprises still have misunderstandings about the legal provisions on non-competition. This roundtable talk will discuss the legal requirements and the application of non-competition restrictions.