Recent case law | Non-Compete Clauses in Groups: A surprising decision from the Supreme Court
Published on :
19/10/2018
19
October
Oct
10
2018
A recent ruling from the French supreme court has brought some clarification of the fate of a non-compete clause of an employee transferred to another company in the same group. When an employee is the subject of mobility within a group, the non-compete clause provided for in his employment contract does not apply if the two companies are not in a real competitive situation and the employee's transition from one to the other is the result of an agreement between him and his two successive employers.
However, the clause resumes its normal effects from the day the contract with the second employer was terminated. Provided, specifies the Court of Cassation that the clause did not reach the term fixed by the parties.
This means that if an employee’s contract provides for a non-compete obligation of one year, and he is transferred to another company within the group for one year…when he leaves this new position, he will not be bound by any non-compete obligation.
History
-
Van Olmen & Wynant’s Employment Forum: Employment contracts in the public sector
Published on : 13/11/2018 13 November Nov 11 2018L&E GlobalNews / Breakfast BriefingsVan Olmen & Wynant (L&E Global Belgium), together with the Belgian Institute...Source : leglobal.org
-
Looking forward | Newly validated: the law on business secrets
Published on : 19/10/2018 19 October Oct 10 2018Newsletter / Looking FowardThe new French law on the protection of business secrets has been approved. W...
-
Recent case law | Non-Compete Clauses in Groups: A surprising decision from the Supreme Court
Published on : 19/10/2018 19 October Oct 10 2018Newsletter / Recent Case LawA recent ruling from the French supreme court has brought some clarification...
-
New Legislation | In depth look: the loi Pacte and its effect on company staff thresholds
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / New legislationAfter reforming French labour law, President Macron’s government speeds ahead...
-
New Legislation | In brief: The right to error
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / New legislationThe French government just passed a law that changes the rules for companies...
-
Do’s & Don’ts | This month: Lump sum agreements in days
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / Do’s and Dont’sThe lump sum agreement in days, known as "forfait jours", allows for high lev...
-
The principle of equality does not prevent employers from giving a 13th month bonus exclusively to executives
Published on : 15/10/2018 15 October Oct 10 2018NewsNewsletter / Recent Case LawCompany agreements may provide that special benefits are reserved for certain...
-
Webinar: Sexual harassment in the workplace: cross-border perspectives webinar
Published on : 11/10/2018 11 October Oct 10 2018NewsNews / WebinarsNews / Webinars / Replay webinarsThis webinar will address a range of crucial questions relating to workplace...
-
Webinar: Opening Up Shop, solutions to the challenges of opening in a new jurisdiction: Europe - insights in (1) Labour and employment requirements; (2) Corporate requirements; and (3) Payroll and Benefits Providers
Published on : 19/09/2018 19 September Sep 09 2018NewsNews / WebinarsNews / Webinars / Replay webinarsInsights Labour and employment requirements Corporate requirements...
-
The administration recognizes the ”right to make a mistake”
Published on : 14/09/2018 14 September Sep 09 2018NewsA law of August 10, 2018 establishes a right to make mistakes in order to imp...