Agreement Non Compete

A non-competition clause implies the obligation for a worker to abstain from any activity (salary, advisor, owner or other) for a fixed term after the termination of employment for competing companies. The best thing would be to have no non-competition at all. Otherwise, you should try to limit this situation as much as possible in the geographical area and in the long term. Limit it strictly to the area where the employer really cares about your work — not to the entire industry or the entire circle of work. You may, for example, ask yourself that the restriction on the clothing retail sector lies when you work in a clothing store, unlike retail in general, which would cover a very wide range of possible jobs that really have nothing to do with each other. The objective is to limit the agreement to what is necessary to protect the employer. You should also consider seeking severance pay in the event of involuntary termination. In a situation where there is a fairly definitive non-competitive judicial practice and there is no recourse to an appels court, we believe that the existence of competition and non-tender rules in employment contracts could in principle pose a «threat» to a worker and impose a kind of «moral obligation» on the worker and employer. However, at least at this stage, it would not be possible to hold the worker liable for competing acts and/or for applying or to allow an employer to claim damages arising from the worker`s actions. A non-competition clause must be signed by both parties, but it must not be certified notarized.

If legally enforceable by the state, non-competition obligations can be effective in protecting a company`s interests. However, the key to an applicable non-competition clause is that the conditions must be «reasonable» and not overly restrictive. Item-dependent staff are limited to employer management, senior technicians and other staff members who have a duty of confidentiality. The scope, scope and duration of the non-competitive agreement are agreed by both the employer and the worker, and this agreement must not violate the laws and regulations.

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