Restricted job movement

[Befuddled]

I work for a contract Automation company in a large Electronics company(I wonder who i hear you all say!!!) There is apparently a stipulation that if I leave this company I cannot work with another contract company in this facility for 6 months. I believe this is to prevent poaching by companies of each others staff but is it really legal?? Probably is but not in my contract anything about that so was wondering how they can have that kind of "power" over who an independant company can/cannot employ to provide a service. Just wondering really.......

 

[Guest]

I consulted a solicitor about one such non compete clauses in an employment contract a few years back and she told me that the clause was basically unenforceable under Irish/EU employment law. Obviously this does not prevent an employer from protecting themselves against employees who steal intellectual property etc. (e.g. plans, designs, software code, customer lists etc. - usually covered by another claused in a contract of employment) but I don't think that they can generally do anything about you going to work for another company, competitor or not, regardless of such non compete clauses.

 

[MissRibena]

Setting up on your own might be trickier ...

I know of a company who took successfully got a temporary injunction against an ex-employee who was setting up in direct competition against them and had a non-compete clause. There was some kind of settlement in the end, but they stopped him from earning and he was stung for his costs.

Rebecca

 

[Guest]

Setting up on your own might be trickier ...

> There is apparently a stipulation that if I leave this company I cannot work with another contract company in this facility for 6 months.

Jusrt re-read the original post and it seems to refer to a specific scenario which was not exactly as the one in my case above which dealt with a relatively standard EMPLOYEE (not CONTRACTOR) contract. In the general case, and notwithstanding reasonable protection for/by the employer against IP theft etc., I don't believe that one's statutory/constitutional right to work/earn can be abrogated through a specific contract of employment.