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 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
- 2Within 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. A longer restriction is ineffective. 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). Consent may be withdrawn for serious reasons. 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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How long is the notice period, and when does it start?
The notice period is at least one month. If employment has lasted at least one year when notice is served, it increases to at least two months; for notice on organisational or health grounds after at least five years of employment, it is at least three months. The notice period always starts on the first day of the calendar month following service of notice.
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When am I entitled to severance pay, and how much?
Statutory severance pay mainly applies when the employer terminates employment on organisational grounds (closure, relocation or redundancy) or health grounds. The amount increases with years of service, from one to four times average monthly earnings for termination by notice, or up to five times for termination by agreement. There is no statutory severance entitlement for dismissal for misconduct.
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Further reading
New social contributions for the self-employed: income test, contribution holidays and micro-contribution
From 1 July 2026, social insurance contributions for the self-employed follow new rules. Compulsory insurance arises only above the income threshold, EUR 2,876.90 for 2026; new businesses have a six-month holiday and low incomes attract a EUR 131.34 monthly micro-contribution. Acts No. 261/2025 and 122/2026 Z. z. introduced the reform.
Read more →
Disguised labour supply: why Czech labour inspectors impose multimillion-crown fines
In 2024, Czech labour inspectors identified 245 cases of disguised labour supply and imposed 161 fines totalling CZK 71.714 million. Another 81 fines totalling CZK 67.198 million went to clients enabling these arrangements. Calling labour hire a service can be a costly mistake, including for Slovak companies.
Read more →
Minimum wage 2026: EUR 915 is only the first of six grades
The minimum wage for 2026 is EUR 915 a month. Most jobs, however, are subject to a higher minimum wage entitlement according to their level of work complexity.
Read more →