Kontrakt med konkurranseklausul

Publisert: 21.09.2021

I'm deltid work and I just work 6 months for now to my job, and I want to end my contract, but the problem is my contract say I'm not allow to working 2 years in sushi. I can work any kind of job but not sushi or work in the sushi but not same area. For example I live in one town, I need to work in another. And if I'm end my contract I need to 3 months before going out the job. It is allow the kind you contract?

Svar:

Without having read your employment contract, it is somewhat difficult to respond to your inquiry.

In general, it is possible to agree on non-competition clauses between employee and employee. Chapter 14 A of the Working Environment Act regulates the conditions under which non-compete clauses will be valid. In short, the employer must have a special need for protection against competition and can only apply the clause as far as it is necessary to meet the employer's need for protection. In addition, a non-compete clause can only be enforced for for a maximum of one year. If a non-compete clause is enforced, the employer must pay the employee compensation for the entire period enforced.

In your case, the employer cannot demand that you won’t work at a sushi restaurant for two years. This is in violation of the Working Environment Act. As I see it, there is also reason to oppose the validity of the non-compete clause, based on whether the employer can be considered to have a special need for protection against competition.

I perceive the reference to three months as meaning the period of notice in the employment contract. A notice period is customary, and during this period you have an obligation to work and the employer has must pay salary. However, another arrangement can be agreed with the employer, but if the employer maintains the notice period, you are obliged to show up for work.

Med vennlig hilsen, advokat Susanne Danielsen

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