A non-compete agreement may be appropriate where there is a real need for protection because of the employer`s trade or business secrets or where the employer has organized a particularly valuable training course for the worker. In practice, the criteria are most often met when the outgoing employee has held a leading position in the employer`s company. A worker`s obligations to his employer are generally related to the termination of the employment relationship, unless the parties expressly agree otherwise. They can, for example, enter into a so-called non-competition agreement. Such an agreement can only be concluded for very important reasons concerning the activity of an employer or the position of an employee. A non-compete agreement may be used to limit a worker to the conclusion of an employment contract with the employer`s competitor or to the direct exercise of competing activities. A non-compete agreement may restrict the worker`s right to enter into a new employment contract with the employer`s competitor or to engage in competing activities for up to six months. If the worker is expected to receive adequate compensation for the contract, the delay can be up to one year. An agreement that limits the employee to more than one year is, in principle, annoldested at the end of one year. If the worker is not compensated, a non-competition clause of more than six months after the expiry of a six-month period is void. A non-competition agreement cannot impose a penalty greater than the amount of wages the employee earned in the six months prior to the dismissal.
In the absence of agreement on contractual penalties, the worker is required to pay the employer damages for the breach of contract resulting from the principles of the unlawful right to an unlawful act. In Finland, the non-competition clauses in Chapter 3, Section 5 of the Diplomatic Contracts Act (55/2001) are governed by the following rule: any restriction of the trade agreement is non-applicable to the extent that it is contrary to the previous provisions. In addition, the provisions of the Contracts Act (228/1929, Legal Contracts Act) apply to the validity and mitigation of such agreements. De vertaling neemt langer in beslag dan gewoonlijk. Blijf wachten of klik yesterday om de vertaling in een nieuw venster te openen. A non-competition agreement might be appropriate, for example. B, when the employer is active in research and development and has knowledge and skills that its competitors generally do not have. Non-competition bans may also be justified when a employer company wishes to protect the interests of its customers. A non-compete agreement does not bind the worker if the employment contract is terminated for reasons attributable to the employer. For example, when an employer illegitimately resigns from a worker`s employment contract, the worker is challenged by the non-compete agreement. “For a particularly important reason regarding the employer`s activity in the employment relationship, an agreement reached at the beginning of the employment relationship or during the employment relationship (competition contract) may restrict the worker`s right to enter into an employment contract beginning after the termination of the employment relationship with an employer in competition with the first employer, as well as the worker`s right to participate in such activities on his own behalf.