A post-contractual non-competition clause prohibits the employee from competing with the employer after the employment relationship has ended.
A non-competition clause can be very drastic for an employee and have the effect of a de facto occupational ban or force him/her to change the industry. Non-competition clauses are only permissible under certain conditions.
In particular, the following points are central to any non-competition clause:
- Validity of the non-competition clause
- Spatial limitation of the non-competition clause
- Material limitation of the non-competition clause
- Time limitation of the non-competition clause
- Breach of the non-competition clause
When it comes to the formulation or review of a non-competition clause, I support employers and employees with my experience in order to find a satisfactory solution.
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