12.04.2023

BAN ON WORKING ELSEWHERE AFTER WE LEAVE

One of the most common cases that workers face recently is that they find clauses in their employment contracts that commit them not to work elsewhere for a while or to pay benefits if they start working for a competitor.

For example, a clause according to which the worker or employee undertakes, upon termination of the employment relationship with the employer, regardless of the legal basis for this, not to work in employment or civil relationships in a competing company for a period of one year.

Should we be worried about starting work in another place in the presence of a similar agreement in our previous contract, and is a clause in an employment contract with the subject of an obligation of the employee upon termination of the employment relationship with the employer not to enter work on labor and civil matters void at all relationship in a competing firm?

It should be clearly and categorically stated that a clause in the employment contract, by virtue of which the performance of competitive activity by workers or employees is restricted for a certain period after the termination of their employment contract, is concluded in violation of the constitutionally recognized right to work (in particular the norm in the Constitution of the Republic of Bulgaria, which declares the freedom of choice of profession and place of work of every citizen), as well as being contrary to the law and it is null and void.

Likewise, a clause that imposes civil liability on a worker or employee in the event that, after termination of employment, does not comply with the requirement not to enter into employment or civil relations with a competing company, is null and void due to conflict with the law.

Such clauses contradict both the Constitution of the Republic of Bulgaria and the provisions of the Labor Code, according to which the waiver of labor rights is invalid.

The clause according to which the worker or employee owes compensation in the event that he starts working for a competing employer within a certain agreed period after the termination of the employment contract is also null and void.

The right to work is regulated by a number of international, European and national laws.

The Universal Declaration of Human Rights states that everyone has the right to work, to free choice of employment, to just and favorable working conditions, and to protection against unemployment.

According to the Charter of Fundamental Rights of the European Union, every worker has the right to working conditions that protect his health and safety and respect his dignity. Citizens have the right to work, and the state takes care of creating conditions for the realization of this right. The state also creates conditions for the realization of the right to work for persons with physical and mental disabilities, and every citizen freely chooses his profession and place of work.

According to the Constitution of the Republic of Bulgaria, citizens have the right to work, and the state takes care of creating conditions for the realization of this right and creates conditions for the realization of the right to work for persons with physical and mental disabilities.

Every citizen freely chooses his profession and place of work, and employees have the right to healthy and safe working conditions, to a minimum wage and to pay corresponding to the work performed, as well as to rest and leave under conditions and in the order determined by law.

Reference:

Art. 23 of the Universal Declaration of Human Rights

Art. 15 and Art. 31 of the Charter of Fundamental Rights of the European Union

Art. 48 of the Constitution of the Republic of Bulgaria

Art. 8, para. 4 of the Labor Code