競業禁止合理性之研究

全球科技產業蓬勃發展，智慧財產權受到各個國家之重視，而人民對於智慧財產之保護意識亦提高，營業秘密為智慧財產權之一種，各企業在產業中有一席之地通常是有著特殊技術、產品或者配方等等，無論是近一甲子的糕餅店、新技術之研發產品、跳脫傳統之設計理念或是飲料之特殊配方等等，其乃為各個企業所要保護之營業秘密。然而在實務上營業秘密之保護，常常與勞工之工作權保障有著特殊關連性，蓋事業單位常常為了保護營業秘密，會在勞工新進任職時、或離職前簽訂競業禁止約款。我國在過去實務上常有因為競業禁止約款而產生勞雇雙方之紛爭。亦常有所聞競爭對手公司惡意挖角、重金聘請競爭對手公司員工等，造成原雇主之營業秘密遭洩漏、財產上損失、人才流失等，無法計算的重大損害。在契約自由原則下，競業禁止約款應該如何制定，讓雇主之營業秘密得以受到保護?勞工在簽署競業禁止約款後，對於離職後會有什麼影響?本文研究以過去實務見解、學說理論對於競業禁止紛爭探討。

關鍵字

工作權；營業秘密；競業禁止；契約自由原則；合理補償金

並列摘要

Because of the global technology industry is booming, so intellectual property rights is valued by all countries. The people’s awareness of the protection of intellectual property has increased. Trade secrets are a type of intellectual property rights. Companies have a place in the industry and usually have special technologies, products or formulas, etc. Such as many famous of pastry shops which have new technology research and development products, design concepts that escape the traditional or special beverage formulas, etc. It is a business secret that every enterprise must protect Trade secrets. However, in practice, the protection of trade secrets often has a special connection with the protection of workers’ rights to work. In order to protect business secrets, public institutions often sign non- competition contracts when workers enter new jobs or before they leave. In our country in the past, there were often disputes between employers and employees due to the prohibition of competition. It is also often heard that competitors’ companies maliciously dig corners and hire employees of competitors’ companies. Causes the original employer’s business secrets to be leaked, property losses, brain drain, etc., which are incalculable major damages. Under the principle of freedom of contract that how should the non-competition agreement be formulated and let the employer’s business secrets are protected? After the worker signs the non-competition agreement, what impact will it have on the worker’s resignation? This article studies the discussion on the prohibition of competition based on past practical opinions and theoretical theories.