Employees and employment law · Slovakia
Non-compete clause and trade secrets
We structure your non-compete clause and trade secret protection to prevent key employees taking your know-how and clients to a competitor when they leave, and to ensure the clause stands up in court. Under § 83a of the Labour Code, it may last no more than one year, with the employer paying reasonable compensation of at least 50 % of average earnings.
- Enforceable wording
- Maximum 1 year, compensation from 50 %
- Trade secret protection included
What we'll do for you
Drafting or reviewing a non-compete clause and trade secret protection for employers and employees.
Select an item to see the details.
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Initial consultation
We assess whether a clause is permissible in your situation at all and what scope of restriction is proportionate and enforceable.
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Tailored non-compete clause
The restriction period (no more than one year), definition of competing activities and territory, so the clause is not disproportionate and the court does not set it aside.
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Financial compensation and penalty
We establish reasonable compensation of at least 50 % of average earnings and a proportionate penalty for breach within statutory limits.
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Trade secret protection
We add protection for trade secrets and confidential information, applicable even where a non-compete clause does not reach.
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Consent to other activities during employment
We also address competing activities during employment, which require the employer's prior written consent.
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Delivery of documents
You receive the final wording ready to sign, with an explanation of its effects and limits.
Deliverablea non-compete clause and trade secret protection ready to sign
How it works
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- Consultationday 0
We establish what you are protecting, from whom, and which side you are on — this determines the content of the clause.
- Draft clause
We prepare a tailored clause and trade secret protection, or review the clause presented to you.
- Finalisation and signingat your pace
We resolve disputed points, prepare a clean copy and explain what the clause actually permits and what it does not.
No-obligation enquiry
Ready to start?
Send us an enquiry. We usually reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.
- 1Send your enquiry via this form
- 2Usually within 24 h you get a price confirmation and plan
- 3We start work only after your approval
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Or email us about this matter.
What clients ask
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How long can a non-compete clause remain in force?
Under § 83a of the Labour Code, a restriction on gainful activity after employment ends may be agreed for no more than one year. The law does not expressly state the consequence of agreeing a longer period, so we keep the restriction within that limit. We draft the clause to protect your business without exceeding statutory limits.
Do I have to pay the employee for the clause?
Yes. The employer must provide reasonable financial compensation of at least 50 % of the employee's average monthly earnings for each month of compliance. Without agreed compensation, the clause is invalid — so we get it right from the outset.
When is a clause invalid or liable to be set aside by a court?
The clause must form part of the employment contract and is only appropriate where the employee obtains information that is not generally available and could cause substantial harm to the business. If the restriction exceeds what the necessary protection requires, a court may restrict or set it aside. We therefore draft it in a targeted and proportionate way.
Can an employee run a competing business during employment?
They may undertake other gainful activity of a competing nature only with the employer's prior written consent (§ 83 of the Labour Code). If the employer does not respond within 15 days of receiving the request, consent is deemed given. The employer may withdraw consent in writing for serious reasons. Consent is not required, for example, for scientific, teaching, journalistic or artistic activity. We address this rule directly in the employment contract or internal policy.
How can trade secrets be protected beyond the clause?
A non-compete clause only addresses the period after departure and only competing activities. We additionally protect trade secrets and confidential information through a confidentiality agreement, internal rules and identification of sensitive information — protection that also applies during employment and without the clause's time limit.
Legal Q&A
Common questions on this topic
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Is a post-employment non-compete clause valid, and must compensation be paid?
Yes, but under strict conditions. A post-employment restriction may be agreed for a maximum of one year and only with an employee who could have acquired sensitive knowledge. The employer must pay at least 50% of average monthly earnings for each restricted month; without compensation, the clause is invalid. Any contractual penalty must not exceed the total compensation.
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My former employer is not paying the compensation for the non-compete clause. Must I continue to observe it?
Until you have validly terminated the clause it binds you, and breaching it may cost you the agreed monetary penalty. If the employer has not paid you the compensation within 15 days of its due date, the Labour Code allows you to terminate the clause in writing, and the obligation ends on the day the notice is delivered. Compensation for the months in which you observed the clause may still be recovered after termination.
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An employee is leaving and we no longer need the non-compete clause. May we withdraw from it?
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.
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Further reading
A former employee has joined a competitor and taken clients with him: what the employer can claim
When a key employee leaves for a competitor and clients or company data follow, the employer has a non-compete clause, protection of trade secrets, unfair competition and damages at its disposal. Each instrument has different conditions and calls for different evidence. This article shows how to assess the situation and in what order to proceed.
Read more →
A non-compete clause in the employment contract: how to draft one that protects the business and stands up
A non-compete clause under Section 83a of the Labour Code protects a business only where it is drafted for a particular employee and a particular risk. This article explains whom to give one to, how to define the restricted activity, how to set the compensation and the sanction, and what a clause will not cover. It is written for employers introducing or revising such clauses.
Read more →
Agreement terminating employment: when it is safer than notice and what belongs in it
An agreement terminating employment requires no ground for notice, no notice period and no consultation with employee representatives. Even so, it has statutory requirements and can be challenged in court. This article shows when an agreement is the best route, what to put in it and what it may later founder on.
Read more →