Non-solicitation and Competition Clauses

The employment contracts of executive officers and senior employees often include either a competition clause or a non-solicitation clause and sometimes both. To understand the consequences of using such clauses, you must have the necessary insight into the rules.

The employment law rules on restrictive covenants were significantly amended on 1 January 2016. The rules were amended in terms of the formal requirements, the scope of the clauses and the financial consequences for employers of using such clauses.

We have a great deal of experience in advising on the use of non-solicitation and competition clauses in employment contracts, in particular contracts for senior employees. This covers both the preparation and termination of employment contracts.

In offering our services, we adhere to the highest principles of propriety in our dealings with all parties involved. We also have an understanding of the commercial need to use such clauses as well as the necessary insight into the rules to be able to advise on the financial consequences of using the clauses.