Is a non-compete valid just because I signed it?
It is not — your signature alone does not make it enforceable. A post-employment non-compete must meet every statutory condition. First: it may last no more than two years from the end of employment. Second, and most important: the employer must pay appropriate compensation — every month, for the whole restricted period. Third: the agreement must be in writing and must state five elements: the restriction's type, extent, territory, duration and the amount of compensation. And fourth: it may cover only the field in which you worked — a general wish to stop you changing jobs is not a sufficient basis.
📋 The rules
- No more than two years after employment ends
- The employer must pay compensation every month
- The agreement is written, with five elements
- It may cover only your field of work
- A general wish to keep you is no basis
🔓 Exceptions
- A court may hold the restriction invalid to the extent it is unfair
- On dismissing you, the employer may withdraw only up to the moment of notice
- An employee resigning for an important reason may withdraw within a month of the notice
⚠️ Penalties & fines
There is no separate administrative fine for an invalid clause — and that is misleading. The consequences are contractual, which is precisely why they matter more. An unfair restriction is unenforceable to the extent that it is unfair — a court can weigh the type, extent, territory, duration and compensation. And the key point: if the employer wants you to observe the restriction, they must pay the agreed monthly compensation. Unpaid, the restriction does not bite. Do not trust the percentages you read online: the statute fixes no percentage — the requirement is "appropriate monthly compensation", and the amount must be written into the agreement itself.
📎 Official sources
❓ Frequently asked
How long can the restriction last?
No more than two years, counted from the end of the employment relationship. A longer post-employment non-compete is not permitted, and the period cannot be extended by agreement.
Must the employer pay for it?
Yes, and it is decisive. The employer must pay appropriate compensation every month for the entire restricted period after employment ends. Unpaid, the restriction simply does not bite.
How much is the compensation?
The statute fixes no percentage. The requirement is appropriate monthly compensation, and its amount must be stated in the written agreement itself. Ignore the percentages circulating online.
What must the agreement contain?
Five elements: the type of restriction, its extent, its geographical area, its duration and the amount of compensation. If any of these is missing, the clause may not survive scrutiny.
Can it be challenged?
Yes. A court may hold the restriction invalid to the extent that its type, scope, territory, duration or compensation unfairly restricts your future professional activity.
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