Question 18 · LEK · Employment relationship
An employer turns to his doctor employee, who works on the contract of employment, to sign a contract including the so-called non-compete clause. What should the doctor do?
- A. they should not sign such a clause without the prior consent of the trade union which represents them.
- B. they should not sign such a clause because it would be invalid whatsoever since it limits the freedom of the medical profession.
- C. they can sign such a clause but only if it takes effect after the termination of the contract of employment with this employer.
- D. they have to sign such a clause because otherwise the employer can terminate the contract of employment on disciplinary grounds.
- E. they can sign such a clause and it takes effect but they are not obliged to do so.
Hint
The Labour Code allows a non-compete agreement during employment, but as a contract it requires the employee's free consent.
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