Nachvertragliches Wettbewerbsverbot für Arbeitnehmer – Englisch (Post-contractual non-compete covenant for employees)

Note on the translation: This document is a translation of the German-language model contract from mustervertrag-anwalt.de (horak.Rechtsanwälte). The model contract is based on German law; references to legislation relate to German laws. In the event of any questions regarding interpretation, the German legal terms shall prevail. If the matter involves cross-border issues, please have the template reviewed by a solicitor.

Guidance on using this template

• Fill in all the details in square brackets [ ] and, for variants (“/”), select the appropriate wording; delete any variants that are not required.

• The template is based on German law and designed for typical scenarios. Please check each provision to see whether it applies to your case.

• Unless a guarantee of maternity pay of at least 50 per cent is provided, the prohibition is void or non-binding. The certificate must be handed over to the employee (Section 74(1) of the German Commercial Code (HGB)).

• Customisation by the law firm horak.Rechtsanwälte: Tel. 0511 35 73 56-0 (fixed fees from 89 EUR). Please remove this notice before use.

Post-contractual non-compete covenant for employees

between

[Name/Company], [legal form], [address], represented by [authorised representatives], [register court and number]

– hereinafter referred to as ‘the employer’ –

and

[Name/Company], [legal form], [address], represented by [authorised representatives], [register court and number]

– hereinafter referred to as ‘the employee’ –

– Employers and employees are collectively referred to as ‘the parties’ and individually as ‘a party’ –

§ 1 Non-compete covenant

The employee undertakes, for a period of [twelve] months (up to a maximum of two years) following the termination of the employment relationship, the employee shall not work, either as a self-employed person or as an employee, for any company that competes with the employer in the field of [ ] in the region of [ ], nor shall the employee acquire any interest in such a company.