(1) The non-compete clause will be non-binding insofar as it does not serve to protect a legitimate business interest of the principal. Furthermore, it will be non-binding insofar as it constitutes, taking into consideration the compensation granted, an unreasonable obstacle to the employee’s career prospects having regard to the place, time or subject-matter. The prohibition is not permitted to exceed a period of two years from termination of the employment relationship.
(2) The prohibition is void if the employee is a minor at the time of contracting or if the principal accepts a promise of compliance therewith on the basis of a word of honour or similar assurances. An agreement by which a third party, in lieu of the employee, assumes the obligation to ensure that the employee will restrict their business activities after the employment relationship has terminated also is void.
(3) The provisions of section 138 of the Civil Code concerning the nullity of legal transactions contrary to public policy remain unaffected.