Non-Concurrence Agreement En Francais

13. Dezember 2020

The non-competition clause is that, upon leaving the company and thereafter, the worker is not allowed to engage in certain activities that could harm his former employer for a period of time. It is included in the employment contract or is prescribed in the collective agreement. In Spain, the non-competition clause[21] is governed by Article 21 of the Workers` Status Act. A non-compete clause may be entered into an employment contract to prevent the employee from competing with his former employer at the end of the contractual relationship. This may be useful, for example, for an employer who tries to retain the clientele created or managed by his or her wage-earning bargaining company when he leaves the company. In general, it should be noted that the conditions for validity and application of this clause differ only slightly from country to country. Finally, German jurisprudence has found certain competition clauses to be abusive. Thus, the OFSP[15] considered that certain clauses that subordinated to the employer`s exclusive decision the possibility of competing with the worker in the future[16] constituted a prohibited non-competition clause. The non-competition clause[17] in English law follows rules similar to those of French law. Thus, the clause must be justified by the interest of the company, limited in time and space and justified by the worker`s employment.

(It goes without saying that the imposition of a non-competition clause, for example for a window washer, seems unreasonable given the nature of the activity).) The Quebec Court of Appeal, in February 2012, ruled in the unanimous decision Patrick Jean v. Omegachem that if an employee who refuses to adhere to a non-compete clause is dismissed without financial consideration, he cannot be a fair and sufficient reason to dismiss him. However, the employer is free to waive the non-competition clause. To do so, he must renounce it within 15 days of the end of the contract; If there is no waiver before the expiry of the period, the compensation will be paid to the worker. From the point of view of the dispute, it is customary for one of the parties – the employer or the worker – to try to avoid the constraints of non-competition: the employee in order to regain his freedom; to avoid payment of statutory compensation. The strategy adopted by the parties is then to invoke the violation of one of the many legal conditions of this type of clause in order to obtain the retroactive nullity of the free time of competition. German law Bis requires the drafting of a non-competition letter. The parties must have signed it and accepted it (paragraphs 74 HGB[6] and 126 BGB[7]). These formalities are mandatory or the clause is null and bad. The non-competition clause is governed by Articles 20 to 4 of Romanian labour law.