The conclusion of non-compete clauses in employment contracts for the period after the termination of the contract inevitably brings into conflict on the one hand the professional interests of the employer and on the other the professional and economic freedom of the employee.

So, which of the two conflicting interests prevails and on what criteria? What happens in case that the prohibited competitive activities are not really detrimental to the undertaking? What happens when the clause restricts the employee excessively? What kind of responsibilities may arise for a third competing undertaking, in case it hires the employee?

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Written by Katerina Pothoulaki, associate at VDI law firm.