As you have learned, there are many ways to resolve disputes. Some involve the help of a mediator or arbitrator. Others concern the courts and the legal system. As an employer, you may have to decide whether or not you want to tackle a case or not. (b) Duration – The duration of the relationship between the parties should be formulated in such a way as to reflect the agreement between the parties. We caution employers against using a given end date unless both parties realize that the employee will be hired for a fixed period of time. If the parties agree on a fixed term and a worker works for the employer beyond the deadline of that period, the courts will find that the worker was a permanent employee. In the event that the courts make this type of finding, the limits of the employer`s obligations contained in the work contact may be removed. For example, in such a case, the employer may be held liable, in respect of the dismissal, for granting the worker a dismissal or appropriate remuneration instead of such dismissal. There are a number of key clauses that should be included in an employment contract. It should be noted, however, that this debate is not exhaustive and that requirements may vary for different sectors. Some employment contracts contain a clause that prohibits a party from compensating for similar employment for a given period of time in a given geographical area.
From a legal point of view, it is a „restrictive agreement“ or, more colloquially, a „non-competition clause“. .