Departure of the employee during the notice period: what effect on the repeal of the non-competition clause?
When the employer has not exempted the employee from carrying out his notice, he may repeal the non-competition clause during the execution of the notice. This is also the case even if the person stops working.
The employer may unilaterally repeal the application of a non-competition clause when this option is foreseen in the employment contract or the collective agreement (Cass, company 22-2-2006 n ° 04-45.406 FD 28-3-2007 No .: 06-40.293 FD). Otherwise, the employee’s agreement to the repeal of the clause is required. The employee is then released from his obligation of non-competition while the employer is not required to pay him compensation. [Read more…]