What is a non competition restriction?


Table of Contents

For workers who are under a duty of confidentiality, the employer may agree with the worker on a non-competition clause in the employment contract or confidentiality agreement and agree to give the worker monthly economic compensation during the period of non-competition after the termination or termination of the employment contract. If the worker violates the non-competition agreement, he/she shall pay liquidated damages to the employer in accordance with the agreement.

Non-competition is limited to senior management, senior technical personnel and other personnel under a duty of confidentiality of the employer. Within a certain period after the termination or termination of an employment contract, a worker may not.

(1) To work for other employers who are in competition with the company in the production or operation of the same type of product or in the conduct of the same type of business.

(2) To start their own business producing or operating similar products or engaging in similar business.

The duration of the non-compete shall be agreed between the employer and the worker and shall not exceed a maximum of two years, except where otherwise provided by law or administrative regulations.

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