Hier erfahren Sie, wie Sie als Unternehmer Wettbewerbsverbote in Verträgen umgehen können.

Here are some brief tips for understanding these non-compete clauses. entrepreneur must: 1. Consult a specialized lawyer: A lawyer can explain the legal details and implications of the clauses. 2. Analyze the Scope and Duration: Check geographical limitations, validity period, and specific sectors to ensure that they are reasonable. 3. Understand the Consequences of Breach: Find out about possible penalties and legal actions in the event of a breach. 4. Negotiate Fair Terms: During drafting or review, negotiate terms that are balanced and not overly restrictive. These actions ensure that the entrepreneur fully understands the non-compete clauses, making informed and strategic decisions.

I think these are the basic points for this issue: 1. limited in scope and duration: clearly specify the duration (usually no more than 2 years) and geographical area of application, avoiding excessive restrictions that prevent the person from working in their field. 2. Protect Legitimate Interests: Focus on protecting trade secrets, confidential information or client relationships, not just restricting competition. 3. Reasonable: Balance the interests of the employer and employee, and are considered fair by the courts; overly broad restrictions can be invalidated. 4. Conform to Local Law: Validity and enforcement vary by jurisdiction, with some regions imposing severe limitations or prohibiting them in certain contexts.

My experience indicates that it is essential to explore the following points: a) Scope and Duration: clearly define the time and geographical area of application, avoiding excessive restrictions; b) Legitimate Interests: trade secrets, confidential information, or customer relations; c) Reasonableness: restrictions are balanced and fair, not imposing disproportionate limitations on the employee's ability to work; d) Adequate Compensation: offer financial compensation for the period in which the clause prevents professional performance; e) Legal Compliance: do the terms comply with local laws and are they legally enforceable? These points cannot be emphasized enough!

Here are some tips for creating an alternative route after the contract has been signed. a) Exploring New Markets: geographical areas or sectors not covered by the non-compete clause; b) Diversifying Services: Develop complementary products or services that don't directly conflict with the area restricted by the contract; c) Consultancy and Training: Use your expertise for consultancy or training in non-competing sectors; d) Partnerships and Collaborations: Form strategic alliances with other companies to enter new markets or expand your offerings. These strategies allow you to continue to grow and innovate while staying within the legal limits set by the non-compete clause.

On this point, to be quite honest, I disagree with the point made in the article. It's not enough to be a lawyer or a specialist in labor law. This type of discussion and analysis is the preserve of professionals who have mastered corporate contract law, and specialists in intellectual property and innovation, depending on the market. In the case of innovation and technology contracts, the professional must have training in these subjects to negotiate properly. In any case, it's crucial to have the support of a professional who has mastered the subject; having a lawyer in this advisory role is a matter of survival.