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劳动合同法中规定的竞业限制条款,是为了保证企业在与劳动者解约后,商业秘密得到更好的保护。但是因为该项条款规定中存在的漏洞,导致实践中企业对该条款做出扩张解释,甚至是随意解释,导致劳动者自主择业的权利受到了极大程度限制,与劳动合同法的立法初衷相违背。因此本文对该项条款进行了深入研究,在分析该条款规定不足的基础上,提出相应的完善策略。
The non-competition clause stipulated in the labor contract law is to ensure that the business secrets are better protected after the termination of the contract with the workers. However, because of the loopholes in the provisions of this article, leading to the practice of enterprises to make an expansion of the interpretation of the article, or even free to explain, leading to the right to choose their own jobs has been greatly restricted, and the original intention of the labor contract law phase Violation. Therefore, this article has carried on the thorough research to this article, on the basis of analyzing the insufficient stipulation of this article, puts forward the corresponding perfect strategy.