商业秘密与劳动权保护的冲突与平衡——基于竞业限制合理性分析
The Conflict and Balance between Trade Secrets and Labor Rights Protection—Based on the Rationality Analysis of Non-Competition

作为劳动法领域内保护商业秘密的一种手段，竞业限制设立的初衷是为防范企业人员流动而可能带来的商业秘密泄露风险。但企业超过合理边界，过度强调商业秘密的保护，便会带来竞业限制适用主体的泛化与竞业限制范围过度扩张的不利后果，激化了商业秘密与劳动权保护的权利冲突。究其原因，企业商业秘密与劳动者劳动权存在着权利属性的对抗，商业秘密与劳动者自身经验与知识难区分、法律规定过于原则化也催生了现实中企业商业秘密保护与劳动者职业自由的冲突。为达到竞业限制目的，需要协调劳资双方利益，在法律框架内进行竞业限制具体内容的设计，从竞业限制的适用主体、范围、补偿标准、期限等方面提高竞业限制合理性。
As a means of protecting trade secrets in the field of labor law, the original intention of establishing non-competition is to prevent the risk of trade secret leakage that may arise from the movement of enterprise personnel. However, if enterprises exceed reasonable boundaries and overly emphasize the protection of trade secrets, it will lead to the generalization of the subject of non-competition and the excessive expansion of the scope of non-competition, intensifying the conflict of rights between trade secrets and labor rights protection. The reason for this is that there is a conflict between the rights attributes of enterprise trade secrets and the labor rights of workers. It is difficult to distinguish between trade secrets and the experience and knowledge of workers themselves, and the overly principled legal provisions have also given rise to conflicts between the protection of enterprise trade secrets and the professional freedom of workers in reality. To achieve the purpose of non-competition, it is necessary to coordinate the interests of both labor and management, design the specific content of non-competition within the legal framework, and improve the rationality of non compete from the aspects of the applicable subject, scope, compensation standards, and deadline.