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ARTICLE · 18 JULY 2018

Drafting Employment Contracts For Security And Confidentiality

When employers do not want to agree post-contractual non-compete clauses or incur the necessary financial expense of compensation for non-competition ...

GermanyEmployment and HR

When employers do not want to agree post-contractual non-compete clauses or incur the necessary financial expense of compensation for non-competition, they will try to guarantee know-how protection by extending the confidentiality obligations. The key point to consider in this matter is whether the employment relationship still exists or whether it has already ended. The employee receives remuneration during an existing employment relationship. This includes pay for the employee's loyalty towards the employer. After termination of the employment relationship, the interests are changing. The employee no longer receives any remuneration, while the employer still has an interest in non-disclosure.

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