Liikkeen luovutuksen vaikutukset kilpailukieltosopimuksiin
DOI:
https://doi.org/10.33344/vol14iss1pp50-73Avainsanat:
työoikeus, liikkeen luovutus, työsuhteen ehtojen muutos, kilpailukieltosopimusAbstrakti
This article aims to analyze and systemize the legal regime concerning the effects of a transfer of undertakings on non-compete agreements. As a rule, when an undertaking is transferred, the rights and obligations arising from the existing employment relationships should transfer to the transferee as such. However, for the non-compete agreements to be valid, employers should also have sufficient grounds when invoking the non-compete agreements. Non-compete agreements are valid between the parties of the employment contracts. Therefore, the determination of who is to be considered as the employer can affect whether the noncompete agreements should transfer to the transferee as such. The acceptable grounds for the conclusion of the non-compete agreements are versatile, and agreements based on different grounds may act differently due to transfer. Hence, the transfer of non-compete agreements to the transferee should not be considered automatic as a principle, but rather conditional.
