| Summary: | 碩士 === 國立中正大學 === 勞工關係學系碩士在職專班 === 107 === The social transformation in Taiwan resulted in the development that various food and beverage shops have mushroomed nowadays; moreover, most people join the industry of catering chain or franchise for their dream of starting a business on their own. Since most of the franchisees put their emphasis on high efficiency and low cost and can predict the peak period of customers, hiring part-time workers to lower personnel costs will thus become their first priority.Many students or office workers mostly consider having a part-time job if they have a fixed period of idle time; and as for the type of the part-time job, it is usually a job that is not likely to have access to trade secrets. However, for the franchisees, the secret recipes or the education and training of the franchise headquarters belong to a part that requires part-time workers to cooperate to keep them confidential, so franchisees will ask employees to sign a non-compete clause of post-employment. Besides, labors have vague conceptions about the non-compete clause, and they don’t have the capability or the chance to negotiate the agreement; as a result, labors inexplicably bear a legal risk.
Through the interviews, the findings of this study are as follows:
(a) The labor will not know whether they will have access to real trade secrets in their future work, but the management always require the labor to sign the non-compete clause of post-employment while hiring employees;
(b) From the perspective of the management, the management will ask employers to sign the non-compete clause of post-employment even if the employer won’t have access to real trade secrets. This is because the employer might still accidentally reveal business information, which will cause the management to be fined due to the violation of the franchising contract;
(c) About signing the non-compete clause of post-employment, there are many elements in various aspects, but the problems will emerge one after another only when both the management and the labor proceed to litigation. In order to achieve harmonious labor relations, the government should also carry out the announcement of relevant information.
After analyzing and collating the interview records, with the feedback information from the interviewees, this study suggests that:
(a) the labor should clarify the conceptions of the non-compete clause of post-employment and should elevate the capability of negotiating the agreement;
(b) the management need to completely understand the elements of the non-compete clause, and should exactly act in accordance with the law;
(c) the government should make public the platform of legal information, which both the management and the labor can make reference to, and can therefore lower the litigation risks.
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