Protection against poaching of employees

As an employer, do you want to prevent your skilled workers from being poached so quickly in the future? As a human resources department, you are concerned that wages will continue to rise due to the shortage of skilled workers and want to talk to competitors about wages? You as an employer ask yourself whether post-contractual non-competition clauses with employees are an effective protection or rather harmful?

Many employers are unaware that there are considerable legal risks associated with such restrictions. So-called "Sperrabreden" (clause prohibiting takeovers of employees) are ineffective under German law, and there is even the threat of cartel violations. Post-contractual non-competition clauses, on the other hand, cost companies a lot of money, the so-called "Karenzenzentschädigung" (compensation for non-competition) - even if they no longer need the non-competition clause. That is why all protective mechanisms should only be used in good measure and with common sense.

We have tried and tested concepts with which you can make it more difficult for your employees to leave. First and foremost, this involves HR issues; but the right combination of labour law instruments such as notice periods, non-competition clauses and customer protection clauses can also provide effective protection.

Dr. Stephan Vielmeier gave a presentation on this topic to the Munich Bar Association in February 2019. We will be happy to send you the documents on request; a short e-mail will suffice.

Dr. Stephan Vielmeier gave a detailed interview to the industry magazine "Personalwirtschaft", which will be published in the March issue 2020. We will be happy to send you the documents on request; a short e-mail will suffice.