But a non compete clause does not say you cannot work or earn a living.The Irish Constitution "recognises and declares that people living in Ireland have certain fundamental personal rights. These rights are natural human rights and are confirmed and protected by the Constitution". It includes "
"The right to earn a livelihood
As a citizen, you have a right to work and to earn a living, whether you are male or female.
The State is under a duty to protect your right to work and earn a livelihood from unjust attack."
I worry that people, including employers, see mere employment contracts as trumping your Constitutional and Human Rights.
Do what you think is right. Take advice from a Constitutional lawyer if you see fit.
http://www.citizensinformation.ie/e...tution_1/constitution_fundamental_rights.html
Quite a standard stipulation in certain industries and will be upheld in a court.
Thanks all for the replies...makes sense to get legal advise here. IMO it might be best to be upfront with existing co and ask them what they will do. I have also seen below which is interesting although would rather come to an agreement if possible versus legal route...
What happens if your current employer contacts your perspective employer and threatens them with legal action if you, in your new role, go after their customers?
Yes, typo on my part, obviously.I suspect the prospective (I assume you meant that, rather than perspective?) employer would have a good laugh. On what basis would any such action be taken, given there's no contractural relationship between them?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?