Non-compete obligations in employment relations from a belgian legal perspective

• Frank Hendrickx ^[1]
  1. [1] KU Leuven

     KU Leuven

     Arrondissement Leuven, Bélgica

     
• Localización: Comparative labor law and policy journal, ISSN 1095-6654, Vol. 42, Nº. 3, 2022, págs. 639-664
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • Our current labor markets show that knowledge, innovation and talent are key components. If a “knowledge-driven economy” exists, either as reality or ambition, it is at least surrounded by globalization, increasing competitive pressure, technological developments and the need for constant innovation. But it would also appear that, in this context, employers and employees find their added value in the know—how they contribute and generate. Furthermore, from an entrepreneurial perspective, the importance of protecting the knowledge, or “know—how,” is increasing, as is the importance of attracting and retaining talented colleagues or collaborators.

    This context does not leave the law of labor unaffected. Many employers are looking for ways to retain talented employees or to prevent them from taking away the knowledge they have brought into the enterprise to other businesses or exploiting it themselves. An employer has an interest in ensuring that the knowledge, innovation strategies as well as their talented staff do not disappear and then transfer that knowledge to a competing business. At the same time, the labor market may also be seen as open market place, where work and labor is, in principle, free. This would give employees a foundation for engaging themselves in different activities, either simultaneously or consecutively, on the labor market.

    Legal systems will respond differently to this context and non-compete obligations, the subject of this contribution, have to be seen from this wider perspective. This contribution looks into the labor law system of Belgium.