Conditions for the validity of the non-compete agreement in the field of labour – experiences of some countries and suggestions for Vietnam

Abstract

The non-compete agreement in the field of labour is a powerful tool for employers to protect business secrets, technological secrets, or commercial advantages in the production and business process. However, the implementation of this agreement interferes adversely and risks harming workers' professional freedoms and the fundamentals of free competition. Therefore, it is necessary for the law to impose limitations on this type of agreement in order to reconcile the interests of the two fundamental actors in labour relations. Within the scope of this article, the author concentrates on presenting conditions for the validity of the non-compete agreement in the field of labour based on references to the experiences of some countries, thereby setting forth suggestions for improving the labour law of Vietnam.