| 英文摘要 |
Even after the amendment of Article 9-1 of the Labor Standards Act, it still remains controversial whether employer’s legitimate operating profit only includes trade secret under the non-compete agreement of post-employment. This article, taking the “customer relations (which cannot be fully covered by the concept of trade secret)” as an example to discuss whether the legitimate operating profit under such agreement only includes trade secrets, aiming to propose suggestions for the application of Article 9. Theoretically, this author opined that customer relations shall be protected by the non-compete agreement of post-employment if the employer could prove such relations really provide employers with competitive advantages and the laborer’s role has adequate influence over customers, who’ll leave when the laborer resigns. Also, the non-compete agreement of postemployment shall meet the review standards of Paragraph 1 and 2, Subparagraph 1, Article 9-1 of the said Act. |
