In France, the rules governing post-termination, non-compete and/or non-solicitation clauses in employment contracts have been established through case law. Restrictive covenants in an employment contract are only considered enforceable by French courts if they meet the following criteria (which are cumulative) :
– They do not extend beyond what is reasonably necessary to protect the legitimate interest of the employer;
– they are limited in terms of activity, geographical area and duration and the extent of the restrictions should be adapted appropriately to reflect the specific employee’s status and duties;
– they comply with any applicable sector-wide collective bargaining agreement; … Continue Reading