The principal duty of an employee is to perform work conscientiously and carefully and to comply with the instructions which relate to work, given by the superiors. The instructions may not, however, be in conflict with the law or the contract of employment.

In addition, the employee is required, in particular, to:

• respect the working hours established at the workplace,
• comply with the work regulations and order established at the workplace,
• comply with the rules and principles of occupational health and safety as well as fire regulations,
• look after the interests of the employing establishment,
• protect the property of the employing establishment,
• keep confidential the information the disclosure of which could expose the employer to damage,
• respect secrecy as defined in specific provisions,
• respect the principles of social coexistence at the workplace.

Prohibition on taking up other employment

An employer cannot prohibit an employee from having a simultaneous employment relationship with another employer. Nor can the employer prohibit the employee from being simultaneously in a legal relationship, other than the employment relationship, which forms the basis of the work (e.g. the conclusion of a contract of assignment).

There are two exceptions to this rule. The first exception is where separate legislation establishes restrictions on an employee taking up other paid work. The second exception is the case of the conclusion of a non-competition agreement.

The employee is obliged to refrain from only if an agreement is signed regarding this matter. Such an agreement must be concluded in writing, failing which the agreement will be invalid.

The non-compete obligation may apply in the course of or after the termination of employment.

During the period of employment, the employee may undertake not to engage in competitive activities, the scope of which shall be agreed by the parties in the contract. This ban pertains to:

• the pursuit of an economic activity in competition with the employer,
• employment in any form with an entity engaged in competitive activities.

An employer who has suffered damage as a result of the breach by the employee of the competition ban laid down in the contract may claim compensation from the employee. It also constitutes grounds for termination of the contract of employment without notice.

Where the employee had access to particularly important information, the disclosure of which could expose the employer to damage, a non-competition agreement may be concluded after the termination of the employment relationship.

Under such an agreement, the employee, upon termination of employment, shall not:

• engage in a competitive economic activity vis-à-vis the former employer,
• be employed in any form by an entity engaged in such activities.

The agreement shall specify:

• the duration of the prohibition on competition,
• the amount of compensation owed by the employer to the employee.

The compensation may not be lower than 25% of the remuneration received by the employee before the termination of the employment relationship for a period corresponding to the period of competition ban.

The compensation may be paid in monthly instalments.