Non Compete Agreement Italy

In addition, it could be added that – at least for domestic Italian contracts – the collective agreements of the agreement (with indication of the criteria for quantifying the counterparty) and seem to give way to exceptions in a more favourable sense to agents. Section 2125`s non-competitive discipline applies to all workers with executive or non-intellectual functions, the only relevant issue being the potential risk of harm to the employer. In the development of such an agreement, a balance must be struck between the interests of the employer, which should not be affected by the future activity of the former employee, and those of the worker himself, who should be able to express his professional freedom and continue his activity using the experience gained. In addition, it can be argued that the directive does not provide for compensation in return for a post-contract non-competition clause. The legal remedies available to the former employer (in reference of the labour courts) against the employee in violation of the contract against non-competition are as follows: in the distribution contract, the supplier and the distributor may agree on a non-competition clause (or a non-competition contract) governing the activity of the distributor during and after the end of the contract. The distributor accepts the non-competition clause and undertakes not to engage in similar activity for the benefit of other suppliers during the term of the contract and after the termination of the contract. « Acceptance of the non-competition agreement implies, at the end of the relationship, the payment of compensation which does not have the type of commission (« indennit » di natura non provvigionale). The compensation is equal to the duration that cannot exceed two years after the termination of the contract, the nature of the agency contract and the severance pay. The determination of compensation on the basis of the parameters indicated during the previous period is entrusted to negotiations between the parties taking into account the national economic agreements of this category. In the absence of an agreement, compensation is set by the judge on a fair basis, also referring to: Article 2125 of the Italian Civil Code stipulates that such agreements should not last more than three years (for leaders), must be written, must indicate precisely which competition activities are prohibited and the place where they are prohibited and, finally, , compensation must be provided, to take into account the fact that this limits the flexibility of workers in the use of their own professional skills.