A Comparative Study on Post-Employment Covenants Not to Compete between Taiwan and England ─Focusing on the Study on Criteria and Consideration
Date Issued
2014
Date
2014
Author(s)
Wang, Man-Yu
Abstract
In recent years, the structure of industry in Taiwan has been electronics industry. And the traditional industry has been dedicated to pursuing the innovation of technology. Therefore, people with professional skill are the key to benefit electronics industry. To avoid job-hopping, the employers often sign the post-employment covenants not to compete with employees.
The courts in Taiwan use four criteria and five criteria to deal with the validity of the post-employment covenants not to compete. However, there is no consensus on whether the consideration is a necessary condition or a judging factor. Therefore, there is an issue. That is, whether the consideration doesn’t serve its function at all when the courts or the scholars adopt three criteria? Or, whether the consideration actually plays an indispensable role when the courts or the scholars adopt four criteria or five criteria?
In order to discuss this issue, I should regard the consideration as the judeging key point, and convert the traditional criteria into new model named with “n- necessary conditions and n-judging factors”. Besides, there are several issues related to consideration that are not yet solved.
As a result, I hope to research on the judgments related to post-employment covenants not to compete that can be found, refer to the points of view of the scholars, and give my view about the role of consideration. I also hope that my viewpoints can provide some advices on legislation, and help the employers and employees sign the post-employment covenants not to compete on an equal basis.
Subjects
競業禁止條款
代償措施
判斷標準
花園休假條款
Type
thesis
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