Employment
Protect your business with restrictive covenants
The war for talent remains high on global employers’ agendas. The workforce is more mobile than ever in our post pandemic world. Hiring and retaining staff is not an easy task. Those who found the key talents they need will do everything to keep these happy and have them staying long enough with the company. Those who miss such talent are on the hunt, looking at their competitors.
There are many ways to protect your workforce and business. Restrictive covenants – and non-compete provisions in particular – are still being widely used by global employers but these covenants bring their own challenges as in most jurisdictions, they come with strict requirements which are not easy to comply with. More recently, competition authorities in the US, UK and even Europe are showing renewed interest in restrictive covenants, including non-poaching and non-compete agreements.
Employers wanting to use such restrictive covenants need to be conscious of the different approaches to these covenants taken by legislators and courts across the globe and to understand how best to put in place protection in each of the jurisdictions in which they operate.
This guide considers these issues in a number of European jurisdictions and gives guidance on how best to protect your workforce using restrictive covenants and non-compete provisions in particular.
Our team
Satya Staes Polet Counsel
Brussels
Dr. Alice Jenner Counsel
Düsseldorf
Stephanie Chiu Counsel
Hong Kong
Luca Capone Partner
Milan
Brechje Nollen Partner
Amsterdam
Raquel Flórez Partner
Madrid
David Mendel Partner
London
Lori D. Goodman Partner
New York