Tag archives: restrictive covenant

The severe sanction applicable to provisions entitling employers to waive a non-compete clause at any time

French law allows an employer to subject an employee to a non-compete obligation after the termination of his/her employment under certain conditions. However, in practice, an employer may realize at the time of the termination that an employee will actually not be in a position to constitute a threat to its interests even if he/she … Continue reading

Are your restraint of trade provisions enforceable in France?

In France the rules governing restraint of trade provisions in the context of an employment relationship have been established through case law. Generally speaking, restrictive covenants in an employment contract will only be considered enforceable by French courts if: it can be shown that the inclusion of the restriction protects a legitimate business interest; and … Continue reading
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