Non-competition agreement and option right
On the number 1/2020 of Labor Law and Practice the following article by Avv. Andrea Loro
The ruling in question deals with the relationship between the non-competition agreement and option rights: taking the most recent opinion of the Court of Cassation, the legitimacy of the option agreement is affirmed with the aim of concluding a post-contractual non-competition agreement.
On the other hand, the illegitimacy of the option agreement concerning the unilateral withdrawal – by the employer – from a non-competition agreement already valid and effective, stipulated at the time of recruitment, is confirmed.