Obligation of non-competition. In consideration for the remuneration granted to the Director by the Company under this Agreement, the relevance of which is hereby acknowledged by the parties, the Director agrees that the Director will not be in competition with the Group (as defined below) for any reason whatsoever during the Term and for a period of one year after the end of the employment relationship. For the purposes of this Agreement, “competition” from management means that the agent participates directly or indirectly in an advisor or lender or is otherwise employed by an advisor or lender, or acts as an advisor or lender, or is a director, officer, employee, principal, agent, shareholder, member, owner or partner of the executive or authorizes the name of the director in connection with the activities of: any other company or organization that is in direct or indirect competition with the Group in its activities; provided, however, that it does not constitute a violation of this Section 11(a) if the officer is the registered owner or beneficial owner of up to five percent (5%) of a class of share capital of a company competing with the group that is under the United States. The Securities Exchange Act of 1934, as amended, is registered, provided that the director does not otherwise participate in the business of such a company. In contract law, a non-compete obligation (often NCC) or a non-compete obligation (NCC) is a clause under which a party (usually an employee) agrees not to engage in or commence a similar profession or business in competition with another party (usually the employer). Some courts refer to them as “restrictive alliances.” As a contractual provision, a CNC is bound by traditional contractual requirements, including the counterparty doctrine. In Germany, CNCs are allowed for a maximum of two years. The employer must pay financial compensation of at least half of the gross salary for the duration of the CNC.  Unreasonable clauses – for example, exclusion from similar jobs throughout Germany – can be declared invalid. You can use a non-compete clause if you want to protect your business from unfair competition from former employees. Consultants and independent contractors who terminate their relationship with companies are often subject to non-compete obligations in order to avoid competition after separation. The meaning of the non-compete obligation is a contractual agreement that exists between an employer and an employee and stipulates that the employee undertakes not to use the information he has obtained for the employer in the course of his work to support a competitor or to use it for use with a competing business idea. The non-compete obligation is also commonly referred to as a non-compete obligation, a non-competition obligation, a non-competition obligation and a non-competition obligation.
There are limited situations in which a reasonable non-compete clause may apply in California. Some of the terms of the contract may include the duration of the employee`s commitment to the non-compete obligation, geographic location and/or market. The Federal Trade Commission has come under pressure from politicians, unions and interest groups to ban non-compete clauses. A related petition estimated that “one in five American workers – or about 30 million – is bound by such an agreement.”  In Virginia, courts assess (1) the function, (2) geographic scope, and (3) duration of the ACSB in relation to the employer`s legitimate business interests to determine its relevance.  In addition, NQCs are only reasonable if they prevent the employee from competing directly with the employer and cannot include any activity in which the employer is not involved.  Virginia courts will generally not seek to revise or enforce a narrower restriction in a non-compete obligation[…].
gepubliceerd op 14 april 2022