date for the verdict?
It has consistently held that to comply with the Competition clause, if so provided in the employment relationship may be waived by the employer. This eliminates the payment of the compensation prescribed claim. Normally provides for the contract or the relevant collective agreement for this waiver a certain period.
By Judgement of the Court of Cassation of 13 July 2010 dealt with the issue, but could be lifted within what time period the restraint of trade. The court decided that a clause that the employer acknowledges the right at any time, thus performing throughout the duration of the competition lock to lift the ban, an invalid agreement. Both the permanent Uncertainty whether the employer will insist on compliance with the clause and the restriction in his choice of occupation can not be expected of the employee.
The Supreme Court goes into his decision one step further this time for the case where there is absolutely no cancellation period provided for in the contract. In such circumstances, the non-competition waiver must be issued simultaneously with the termination, otherwise it can not be legally taken by the compensation ratio. The Supreme Court is thus on its previous case law that within a "reasonable" ("raisonnable") deadline - after Termination - even a suspension was possible.
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