THE CONCEPT OF NON-COMPETE PROVISIONS IN EMPLOYMENT RELATIONS

Abstract

This article analyzes the regulation of restrictive covenants in employment contracts in foreign and Russian law, as well as the importance of this institution for protection of the interests of employers. In the course of their employment, employees, particularly those in managerial positions, acquire detailed information about the employer's business. Such information can then be used for the benefit of the new employer or the employee themselves in their own business activities. In order to manage this risk at the level of the employment contract, the foreign law has developed the concept of restrictive covenants. This article discusses the pre-conditions of the negative approach which has been developed in the Russian law to the inclusion of such provisions in the employment contract and the effectiveness of instruments used instead of them in practice, in particular trade secret and unfair competition, as well as Article 276 of the Russian Labour Code. The problem of the employer's lack of appropriate measures to protect their interests in the modern labor law of the Russian Federation and the need to supplement domestic legislation with provisions regulating restrictive covenants is raised.