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一般劳动者对于竞业禁止义务的承担,必须与用人单位签订竞业禁止协议在先,属于一种合同义务。用人单位可以在合同中约定掌握商业秘密的劳动者在劳动关系存续期间及在劳动关系终止后的一段时间内,不得到生产同类产品或经营同类业务且具有竞争关系的其他单位任职,也不得自己生产与原单位有竞争关系的同类产品或经营同类业务。但劳动权是生存权的前提。因此竞业禁止协议作为寻求劳动者劳动权与用人单位公平竞争权平衡点的产物,其对劳动权的限制应当在合理的范围内,否则即构成权利的滥用。
The general laborer’s commitment to prohibit the non-compete business must first sign a non-compete agreement with the employer, which is a contractual obligation. An employer may stipulate in the contract that a worker in possession of trade secrets may not serve himself or herself during the period of the labor relationship and after the termination of the labor relationship for any other entity that produces similar products or competes with another entity that operates in the same business Produce similar products or run similar business with the original unit in competition. However, the right to work is the prerequisite for the right to life. Therefore, the non-compete agreement, as a product of finding a balance point between laborer’s right to work and employer’s fair competition, should limit the right to work within a reasonable range, otherwise it will constitute an abuse of right.