| 英文摘要 |
Upon the termination of employment, the employer shall require the employee to sign a non-compete agreement with regards to the employer’s trade secrets. According to the Labor Standards of 2015 § 9-1, the following requirements need to be met: 1) the employer has legitimate business interests that require being protected; 2) the position or duties of the employee require him or her to have access to the employer’s trade secrets; 3) restrictions on the length of time, geographic area, scope of occupational activities and prospective employers specified in the non-compete agreement shall not be unreasonable; 4) the employer shall compensate the employee for economic losses sustained as a result of the non-compete agreement, within reason; 5) the effective period of the non-compete agreement shall not exceed a maximum of 2 years. Any agreements exceeding 2 years shall be shortened to 2 years. The purpose of this paper will be to review the clauses of the noncompete agreement as described and put forth suggestions with regards to the reasonableness and feasibility of implementation. |
