論勞工離職後競業禁止約定中正當營業利益之保護要件: 以客戶關係為例

Translated title of the contribution: Discussion of The Criteria of Legitimate Operating Profit Under the Non-Compete Agreement Of Post-Employment: Taking the Customer Relations as an Example

Research output: Contribution to journalArticlepeer-review

Abstract

Even after the amendment of Article 9-1 of the Labor Standards Act, it still remains controversial whether employer’s legitimate operating profit only includes trade secret under the non-compete agreement of post-employment. This article, taking the “customer relations (which cannot be fully covered by the concept of trade secret)” as an example to discuss whether the legitimate operating profit under such agreement only includes trade secrets, aiming to propose suggestions for the application of Article 9. Theoretically, this author opined that customer relations shall be protected by the non-compete agreement of post-employment if the employer could prove such relations really provide employers with competitive advantages and the laborer’s role has adequate influence over customers, who’ll leave when the laborer resigns. Also, the non-compete agreement of postemployment shall meet the review standards of Paragraph 1 and 2, Subparagraph 1, Article 9-1 of the said Act.
Translated title of the contributionDiscussion of The Criteria of Legitimate Operating Profit Under the Non-Compete Agreement Of Post-Employment: Taking the Customer Relations as an Example
Original languageChinese (Traditional)
Pages (from-to)70-87
Number of pages18
Journal月旦法學雜誌
Volume297
StatePublished - Feb 2020

Keywords

  • Non-Compete Agreement of Post-Employment
  • Legitimate Operating Profit
  • Customer Relations
  • Customer Contact Theory
  • Seven Criteria Testing Standard
  • Business Nature Testing Standard

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