Separate employment restrictions from information protection
In brief: a non-compete restriction may appear in an employment contract, confidentiality policy or separate agreement. Its title is not decisive: the person’s status, actual duties, duration and applicable law matter.
Separate employment duties from post-employment restrictions
During employment, an employee must comply with applicable workplace rules and contractual duties. Restricting future employment is a different issue from protecting trade secrets, returning property or prohibiting disclosure of protected information.
Check whether the condition reduces employee protections
Not every additional contractual term is enforceable. Review the wording, scope, duration, consequences and relationship to the job. Conditions that contradict labour law or reduce statutory protections require separate assessment.
Rostrud has explained that Russian labour legislation does not provide for a non-compete agreement restricting employment with a competitor after termination; terms reducing employee protections do not apply.
Do not confuse non-competition with confidentiality
Protection of information needs its own review: what information is protected, how the employee was informed of the regime, which documents apply and what demands the agreement contains.
What to do in a dispute
Keep the contract, amendments, internal policies, job description and correspondence. Assess a new document before signing and identify the applicable rules and evidence if a dispute arises.
Documents for a consultation
Bring the contract and all attachments, local policies, employer notices and correspondence. These allow the wording and risks to be assessed without promising an outcome.
Break down the clause
| Element | Question |
|---|---|
| Prohibited action | Employment, disclosure of information or use of property? |
| Period | During employment or after termination? |
| Liability | What amount is demanded and on what basis? |
| Documents | Which agreements and policies were signed? |
- Official Rostrud material (Russian)
Three checks before your next step
Wording
Identify the action the clause prohibits.
Period
Check when the restriction is intended to apply.
Documents
Collect the agreement, policies and demands.
Preparation checklist
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