Hacker News Reader

Comment by twunde | Hacker News Reader

Most companies do not pay for the period of time that a non-compete is in effect. What you're describing is somewhat different. Typically that's known as garden leave, and essentially you're treated as a current employee for the period of time, but you're not allowed to work. Which means that you'll likely have the 6 months of free pay. I'd definitely review your contract and the terms.

View on HN

Thankfully here in Finland non-competes are void if you are not paid.

Basically the right to earn a living wins over any contract you could sign against it.

Didn't the EU ban non-compete clauses entirely recently anyway? Or did the law not go through yet.

The EU doesn't pass laws, they pass some sort of recommendations that individual countries must implement as laws in a certain for another.

Well if you want to be technically correct, EU regulations are binding and must be implemented to the letter by all member countries without excuse or deviation. EU directives are the ones that have some leeway with local laws. Both are legislation though so might as well call them laws.

afaik (and based on a few minutes of googling) there is no such EU wide regulation or directive.

Yeah I'm also having trouble finding anything concrete, not sure where I initially heard about it. Could've just been some rumor.

That is not correct, the way mandatory gardening leave typically works is that you are no longer an employee but you still get paid. Depending on local laws you can force someone to not compete but you cannot force someone to be an employee, that is slavery and not allowed under the law.

New York courts had basically already mooted unpaid noncompetes before this (except for executives). The ones in finance are paid, and often paid pretty well.

Reply on news.ycombinator.com