竞业限制是现代社会企业保护其商业秘密的重要法律手段,其中内含劳动者的自由择业权、雇主的商业秘密权以及社会的自由竞争需求之间的激烈冲突。我国的《劳动合同法》对竞业限制做了专门规定,具有很高的立法价值,但是仍然存在一定得不足,劳动法对竞业限制的规定有待进一步完善。 Non-competition is an important legal means for modern social enterprises to protect their trade secrets. They include the violent conflict between the workers' right of free choice, the employer's commercial secrets and the free competition of the society. China's “Labor Contract Law” has made special regulations on non-compete restrictions, which has high legislative value. However, there are still some shortcomings. The provisions of the Labor Law on non-compete restrictions need to be further improved.