[eu]cite

Home› Commercial & Company Law› HGB (EN)

Book 1 · Commercial entities  ›  Division 6 · Commercial employees and commercial apprentices › Section 75

Section 75

(1) Where the employee terminates the employment relationship pursuant to the provisions of section 626 of the Civil Code by reason of breach of contract by the principal, the non-compete clause will be invalid if the employee declares in writing, within one month of giving notice of termination, that they do not consider themselves bound by the agreement.

(2) If the principal terminates the employment relationship, the non-compete clause will be invalid in the same way, unless a serious reason relating to the person of the employee exists for such termination or the principal declares, upon giving notice of termination, that during the period of restriction they will pay to the employee the full contractual remuneration last received by the employee. In the latter case, the provisions of section 74b apply accordingly.

(3) Where the principal terminates the employment relationship pursuant to the provisions of section 626 of the Civil Code by reason of breach of contract by the employee, subsection (1) will apply accordingly.

←→ also move between sections