What types of covenants can be recognized in France?
Per our Collective Bargaining Agreement (CBA), noncompetition and nonsolicitation clauses cannot legally be included in our employment agreement.
We have a nondisclosure (NDA) addendum as a part of the standard portage employment agreement in France, which extends the confidentiality clause. As part of the nondisclosure NDA, there is a penalty clause containing the amount of damages that would automatically be payable by the supported employee in case a wrongful disclosure is evidenced.
Additionally, intellectual property (IP) clauses are also included in our employment agreements.
Can these covenants be enforced? How are they enforced?
Under our Portage Salarial scheme, noncompete and exclusivity clauses are not compatible with the Portage Salarial employment agreement and cannot be included within the employment agreements of supported employees.
Does my supported employee need to be compensated in return for restrictive covenants?
No. Noncompete and nonsolicitation clauses are illegal under Portage Salarial and cannot be included in our employment agreements.