Beware of the deadline for lifting a non-competition clause
in the event of contractual termination
A non-competition clause is a clause which prohibits an employee, after the termination of his employment contract, from working in a competing company.
To be valid, the non-competition clause must be provided in writing and meet several conditions of validity, including the payment of financial compensation.
To be exempted from the payment of this consideration, it is possible to lift the prohibition of competition if the contract provides for it, i.e. to write to the employee that he is ultimately not bound by the clause .
This possibility for the employer to lift the non-competition clause is governed by increasingly strict deadlines, to limit the uncertainty in which the employee finds himself as to his possibility of accepting a competing job.