[Gllug] [OT] Non-compete clauses in employment contracts

Holger Duerer hduerer at gmx.net
Thu Feb 3 20:35:16 UTC 2005


>>>>> "Doug" == Doug Winter <doug at pigeonhold.com> writes:
    Doug> Rev Simon Rumble wrote:
    >> I have a non-compete clause in my contract that specifically
    >> mentions the company's clients.  Purely theoretically, how much
    >> value can you place on these clauses in contracts, in an IANAL
    >> context?

    Doug> These are quite enforceable here, unless they cover so much
    Doug> of your available potential employers as to be restraint of
    Doug> trade, rendering you unemployable.  That's a value judgement
    Doug> a court would have to make.

    Doug> If you take the piss, they can nail you :)

As a very interesting and completely (?) irrelevant observation on
this subject:  I believe that in Germany such clauses are only
enforceable if you get compensated for the lost work opportunity.
E.g. if your severance pay is roughly 6 month's salary then a half
year work moratorium is acceptable.  If they force it on you 'for
free' then it's not.

      Holger

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