The Study of Business Strife Limitation Clause of Labor Contract

• Main Authors: Chien-chih Chen, 陳建智
• Other Authors: Chin-Ming Yao
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/18078417477377888793

碩士 === 國立高雄大學 === 高階法律暨管理碩士在職專班(EMLBA) === 100 === Executives and technical teams continue to be hired away in recent years causing lawsuits such as Company’s patent or management disputes never stop. Therefore, directors in company and technical teams gradually put much emphasis on the related laws in order to avoid unnecessary disputes and even let the company focus on their jobs without wasting of workforce and money. The subjects of this research are directors and executives of company or professional managers and relative people. And search the related meanings and the duty of releasing jobs by civil law, labor contract law and court judgment and list various countries related laws to find reasonable standards. Researcher findings huge amounts of data and laws from the above references and they show that: 1. Although the act of resignation is normal in enterprises, it indeed stirs up the feeling of the company. It not only influences the operation of company, but contradicts Business Strife Limitation Clause of Labor Contract – When labor contract is terminated, it is prohibited to engage in the similar job which may compete with previous employer. 2. The biggest differences for the content of Business Strife Limitation Clause of Labor Contract between foreign countries and our country are whether there is compensatory measure or not and the effect of the Business Strife Limitation Clause of Labor Contract. 3. To generalize all the gathered information from graduate school. A new independent contract should be proposed to those people who resigned, in order to protecting the secret of company. 4. No matter the economy is prosperous or depressed; the act of resignation is unavoidable. Hence, only storing up the human capital from capability and quality of personnel in company and protecting by structural capital (Customer capital and organization capital), and furthermore, strengthen applying knowledge management and intellectual rights of protection can maintain the key person and cultivate successors in the company.