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Same in Sweden. I have found employment contracts to have such a clause, and for it to be very wide ranging, but the law limits how it can be enforced. To enfor
by jamesrr39 5y ago
Same in Sweden. I have found employment contracts to have such a clause, and for it to be very wide ranging, but the law limits how it can be enforced. To enforce it in court, the employer has to:
- have a specific reason about why you can't work for the new company - you can't just "non-compete" working for another company in an industry, it has to be that you had access to specific know-how that your old employer wants to keep secret from your new employer.
- have the non-compete time-limited, according to how long the know-how is relevant for.
- offer financial compensation (apparently normally the difference between the salary they would have got if there was no non-compete, and the one they did end up getting at another company)
My understanding is that it sometimes happens for people higher-up in the org-chart, and doesn't really happen so much at the individual contributor level. (I'd be really interested to hear other interpretations, anecdotes or case law though!)
- randomswede 5y agoSome management, some sales people, some consultants (where there can be a "don't go work for a client you have been recently placed at, for N months after leaving" clause). Mostly, I have seen it done through gardening leave, though. But, as I understand it (but, then, I have NO legal training), if the no-compete is baked into your employment contract, it is null and void after your employment is over. To actually be valid, it needs to be a separate contract. I would double- and triple-check that before relying on it, though.