ANALISIS HUKUM TERHADAP NON COMPETITION CLAUSE DALAM KONTRAK PERJANJIAN KERJA

Abstract

Legal Status of Non-Competition Clauses in Employment Contracts: Legally, non-competition clauses are justifiable, provided they provide compensation and are enforceable within a specified timeframe. However, if there is no grace period and no compensation is provided, and the non-competition clause is only included after the employee leaves the employment, the agreement can be legally voided in court, as it is deemed to be in conflict with statutory provisions, particularly Article 1254 of the Civil Code.

The legal consequences of violating a non-competition clause in an employment contract include a lawsuit filed by a former employee, alleging breach of contract, with the employer liable for damages if the former employee has committed a breach of contract, including the obligation to pay compensation if the breach results in losses suffered by the employer due to the dissemination of company trade secrets to competitors. This can be claimed in the form of interest and fines for the duration of the agreement. Employees who feel the non-competition clause in an employment contract is unbalanced can file a lawsuit to cancel part or all of the agreement. Even if an employee intentionally leaks the company's trade secrets, then of course, apart from being sued in civil court, he/she is also threatened with criminal provisions as stipulated in Article 17 of the Trade Secrets Law.

Keywords: Law, Non-Competition Clause