Non-compete clause
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Non-compete clause
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What is a non-compete clause?
The non-compete clause has no legal regime. Its regime is solely based on case law.
It is a clause by which a former employee of a company agrees not to compete with his former employer.
What about case law?
A ruling of July 10, 2002 highlights the conditions to be met for the implementation of this clause:
- the clause must be written
- the clause must meet the legitimate interest of the company
- the non-compete clause must be limited in time and space
- the act of competition must be well defined the non-compete clause must contain a financial consideration to be paid by the employer
What are the consequences in case of violation of the clause:
- the judge could order the employee who violated the clause to abandon the competitive employment
- the employee no longer receives the financial consideration
- to which he was entitled the employee is ordered to pay damages and interests to the employer
The recourse to the AJT Detective cabinet
In order to no longer doubt the integrity of an employee, many French companies turn to the experienced AJT Detective agency in matters of respecting a non-compete clause.
We will gather tangible evidence allowing you to know if your former employee respects this clause.