Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Non-Competition Law in France and the EU

By Patrick Thi'bart

In France, like in the U.S., covenants not to compete are not prohibited per se. They are unlawful only if they create unreasonable restraints upon employees' freedom to work. In the same way, Article 340 of the Swiss Code of Obligations and Article 2125 of the Italian Civil Code do no prohibit employment agreements that limit employees' rights to perform their activities to subsequent employers, provided that the scope of the restrictions do not prevent employees from finding an alternate job.

However, in the international arena, U.S. employers should refrain from seeking to blindly impose the “American way” of drafting and implementing restrictive covenants in an attempt to harmonize their employees' working conditions all over the world. Indeed, there is simply no such a thing as a standard restrictive covenant that could be implemented whatever the location of the workplace in the world. More generally, U.S. companies that choose to “go global” should never forget that employment laws in the international arena significantly differ according to the legal, social, political and economic background in each country. While employment relationships in the U.S. are governed by private arrangements that are voluntarily entered into between employers and employees, they generally consist, in other industrialized countries, of a comprehensive and paternalistic set of legal rules the main purpose of which are to protect employees in their subordinate relations vis-'-vis their employers. Consequently, most employment laws in industrialized countries and in particular in Western Europe are more employee-friendly than U.S. employment law (including California law).

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.