If an employer and an employee have agreed on both a competition agreement and a remuneration agreement in the employment contract or in the confidentiality agreement and if, after the termination or expiry of the employment contract, the employer has not paid this compensation for his own reasons for three months and the employee requests the termination of the non-competition agreement, the People`s Court supports this request. If the parties have concluded an agreement on non-competition obligations and remuneration, the employer is entitled to ask the employee to comply with the non-competition obligations when drafting the employment contract, unless there is another agreement and the People`s Court supports this request. After fulfilling the obligations of remuneration of the competition, the employee is entitled to demand from the employer the agreed compensation, and the People`s Court supports this request. GENERAL PROVISIONS ON COMPENSATION The types of compensation provisions contained in a non-compete obligation can be very different. Most courts will ultimately award an amount sufficient to bring the company back to the position it would have held if the breach had not occurred, and most will award lump sum damages if they are reasonable and not intended to serve as punishment. Wonder.Legal allows users to create custom legal documents for free, including a non-compete agreement. You fill out a questionnaire and the document is generated section by section as you work on customization. Your contract can be downloaded in Word or PDF format and modified and reused as needed. Or, if you have obtained certain confidential knowledge that you would inevitably use in the course of your work for your new employer, a court may find that this is a legitimate reason to maintain a non-compete obligation.
Overall, non-compete obligations should be fair and equitable for all parties. You need certain information to be considered enforceable: A non-compete obligation is a contract between the employee and the employer. A non-compete obligation prohibits an employee from participating in a business that competes with the activities of his or her current employer. While an employer may not require you to sign a non-compete agreement, they may terminate or choose not to hire you if you refuse to sign. Non-compete obligations are generally not good by the courts. In disputes relating to non-compete obligations, the courts take into account certain factors when deciding whether the agreement is appropriate. If you are negotiating a non-compete obligation, you must limit the agreement to what is necessary to protect the employer and require severance pay in the event of termination of employment. Find out below how a non-compete obligation can affect you. Present the facts during a consultation. Any non-compete obligation must be tailored to protect the firm`s specific interests so that the lawyer has a good idea of your business – describe who your clients are, what types of services you provide to them and how your employees provide services to those clients. .