Your former employer can not restrict you to work for competitors


On certain clauses in employment contracts - a confidentiality clause and a clause for non-compete

 
The question of prohibiting the employee to work for a competitor of the employer after leaving widely discussed both in theory and practice. SCC is a constant in his vision for the nullity of the clause governing such prohibition.
Upon conclusion of the employment contract, the employer seeks to protect the full interests. Therefore, the contracts often include clauses obliging employees of official secrecy, as otherwise you will be liable. To be able to hold them responsible, however, the employer must first be clarified explicitly and comprehensively what is meant by official secrecy. Stated view is that the concept of professional secrecy is partly covered with concepts for industrial or commercial secret, but does not coincide with them, because it is with - a wide range. These concepts are defined in the Law on protection of competition under which these are facts, information, solutions and data relating to the economic activities keeping in secret in the interests of those entitled, for which they have taken the necessary measures. According to the author unlawful distribution of official secrecy can be defined as a serious breach of work discipline, and therefore may serve as grounds for dismissal. Because this is a recommendation to employees strictly comply with its obligations and to be loyal to the employer as not to disclose confidential information both during their employment relationship with him, and after their termination.
In terms of understanding the officer does not enter another competitive job for two years, the court has held that it is invalid, since it can be a clause included in the agreement, after concerns engaging the responsibility of the employee in the presence of suspended employment with the employer. It also maintains that the deal, which limits the performance of competitive activity by employees for a certain period after the termination of their employment contract in violation of the constitutionally recognized right to work under the provision of Art. 48, para. 3 CRB, where he proclaims the freedom to choose an occupation and place of work of every citizen. When the employer has no right to prohibit employees who have specialized in a particular area, do not exercise their profession after termination of the employment relationship as it would be to confine their future recipient of work and such a clause is inherently void. The clause in the employment contract, which the employee has undertaken not to exercise competitive business has no legal value, because contrary to the law - art. 8, para. 4 CT, given the inadmissibility of the denial of a personal right to work, enshrined in the Constitution. For this reason and due compensation to the employer if after termination of a contract employee for a certain period took a job with another employer whose business is similar to the activity of the former employer.
 
Recommendations
 
1. Observe strict obligations, especially those that are related to loyalty to the employer and non-proliferation of confidential information both during and after termination of the contract; if the information is not clearly defined in scope and content, the employer can not make you liable for a breach of this obligation.
 
2. Clause limiting you to work at your competitor former employer for a certain period of time is invalid, and agreed penalty for non-compliance with this obligation.
 


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Your former employer can not restrict you to work for competitors Your former employer can not restrict you to work for competitors