A Study On the Rules for Deciding the Validity of Non-competition Clause for Former Employees in Taiwan

• Main Authors: Guan-Zhi Liu, 劉冠志
• Other Authors: Chey-Nan Hsieh
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/q6n8rz

碩士 === 中國文化大學 === 勞工關係學系 === 106 === To ensure competitive edges, each and every enterprise will strive to enhance or protect its own interests in a variety of ways. A confidentiality agreement ,such as Non-competition Clause (often NCC), or covenant not to compete (CNTC) is one of them. In recent years, a lot of threats not come from competitive business but employees violating obligations of confidentialityand non-competition decrease benefits of business. On November 27, 2015, The Legislative Yuan passed the Amendment of Labor Standards Act, the validity review criteria of CNTC was enacted in Article 9-1,the discussion about the Non-competition Clause ( NCC) becomes popular again. For the High-technology Industry in Taiwan, the NCC is an important way preventing the trade secret from leaking out so that High-technology Industry can maintain their own competitive advantages. For the employees, however, the NCC prevent workers working at the same or similar industries in a certain extent of period, region and occupation so workers' Fundamental Right of Working, Existence and Personality is seriously limited and deprived. What are the opinions of the labor and the capital towards the amendment this time? To have further understanding of the impact of the Non-competition Clause on both parties, the study intends to explicate the definition, model, and the lawfulness of Non-competition Clause Later, it will examine the judicial practice on valid standards of Non-competition Clause censorship and censoring procedure. Afterwards, we may research on cases of the Non-competition Clause through the searching system provided by Judicial Yuan. Furthermore, we would like to do interviews with laborers, enterprises so as to conclude an objective analysis.