Yes, but only while the employment still lasts. The withdrawal must be in writing and the employee must receive it no later than the last day of the employment; the obligation then ends on the first day of the following month, at the latest on the last day of the employment. Once the employment has ended you can no longer withdraw unilaterally, and you must pay compensation of at least 50% of average monthly earnings for every month in which the employee observes the clause.
An employee has given notice, or you are negotiating a termination agreement. When checking the employment contract, the HR officer discovers a non-compete clause running for a year, even though the employee has since moved to a position with no access to sensitive information. Each month of restriction costs at least half their average monthly earnings. The Labour Code (Act No. 311/2001 Coll.) allows you to shed this obligation, but only within a narrow window of time.
What the statute says
The employer may withdraw from the obligation under paragraph 1 only during the employee’s employment; the obligation ends on the first day of the calendar month following the month in which the withdrawal was delivered to the other contracting party, at the latest, however, on the last day of the employment.
— Section 83a(6) of the Labour Code (unofficial English translation)
The statute requires no reason for withdrawal. It is enough that you have decided you no longer need to restrict the employee after their departure. What is decisive is the date of delivery, not the date on which you signed the withdrawal.
How this works in practice: the employment ends on 30 April. If you deliver the withdrawal to the employee on 10 March, the clause ends on 1 April. If you deliver it on 20 April, the rule “the first day of the following month” would point to 1 May, but the statute caps it at the last day of the employment, so the clause ends on 30 April. In both cases the restriction does not apply at all after the employment ends and no compensation arises, because compensation is due only for months of performing the obligation after departure (Section 83a(4)).
Form and delivery
The withdrawal must be in writing, otherwise it is invalid (Section 83a(8)). In practice it is worth:
- stating which clause, and in which employment contract, the withdrawal concerns;
- delivering it into the employee’s own hands, primarily in person at the workplace or at the employee’s home against signature with the date of receipt; if that is not possible, by registered post with an acknowledgment of receipt and marked “into own hands” (Section 38(1) and (2));
- not leaving it to the last day. The employee may be taking leave or be on sick leave, and postal delivery also involves a collection period. If the withdrawal arrives only after the employment has ended, it is too late.
Where employment ends by agreement, you may deliver the withdrawal together with the draft agreement. Beware of wording such as “the parties have agreed that the clause ends”; that is an agreement requiring the employee’s consent, and they need not sign it. Unilateral withdrawal does not require their consent.
Once the employment has ended
After the employment ends, the statute does not permit unilateral withdrawal by the employer. The clause applies for the agreed period, up to one year, and for every month in which the former employee observes it, compensation is due to them. If you stop paying, the employee may terminate the clause in writing 15 days after the due date and recover the compensation owed, as examined in unpaid compensation for a non-compete clause. You can then bring the clause to an early end only by agreement with the employee.
Before deciding how to proceed, it is worth checking whether the clause is valid at all. It must form part of the employment contract, including the agreement on compensation (Section 83a(8)), and the employee must have had the opportunity to acquire information or knowledge that is not commonly available and whose use could cause you substantial harm (Section 83a(2)). The details are set out in is a post-employment non-compete clause valid.
How to avoid unnecessary payments
Make checking the non-compete clause part of your procedure on every termination of employment, as soon as you learn of the departure, rather than at the exit interview. If an employee changes position during their employment, check whether the clause still matches their new work. A collective agreement may define the group of employees and the duration of the restriction in general terms (Section 83a(9)), which helps to avoid concluding clauses automatically with everyone.
How we can help
We will assess whether the clause is worth keeping or withdrawing from, and prepare the withdrawal so that it is delivered in time. We set up and review clauses as part of our non-compete clauses and trade secrets service; the whole process of an employee’s departure, including notice or an agreement, is covered by our termination of employment service.
This answer provides general information on the law as at 12 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
