Do you know what the restraint of trade clause means and how it can affect you?

Ever wondered what the 'restraint of trade' clause in your contract means?

What are the terms of that clause and if you resign, how long should you stay out of work because of this clause?

Moni Attorneys Incorporated's lawyer Natasha Moni explains the legal terms of this clause in the World of Work feature and answers questions from callers dealing with this clause.

The restraint of trade is signed at the beginning of the employment relationship.

Natasha Moni, Attorney Moni Attorneys Incorporated

The employer basically says if you go and work for the competitor or you decide to go and compete with me after our working relationship is terminated, then you need to stick to my rules of protecting my interests.

Natasha Moni, Attorney Moni Attorneys Incorporated

It is fair if you have agreed to it and it is fair if the area in which you are restrained and the time frame that you are restrained to is reasonable under the circumstances.

Natasha Moni, Attorney Moni Attorneys Incorporated

_Restraint of trade means:1. Legal contract between a buyer and a seller of a business, or between an employer and employee, that prevents the seller or employee from engaging in a similar business within a specified geographical area and within a specified period. It intends to protect trade secrets or proprietary information but is enforceable only if it is reasonable with reference to the party against whom it is made, and is not contrary to the public policy.2. Illegal contract that in any way colludes to damage another's opportunity or ability to carry out a business.Definitions sourced from Business Dictionary _

Callers shared their experiences, take a listen...


Recommended

by NEWSROOM AI
Read More
A flirt or a predator? Callers share thoughts on flirting in light of #MeToo

A flirt or a predator? Callers share thoughts on flirting in light of #MeToo

It's become clear that more people are trying to carefully navigate the line between flirting and harassment, or sexual predation.

Zuma's permanent stay of prosecution bid puts NPA on trial, says Karyn Maughan

Zuma's permanent stay of prosecution bid puts NPA on trial, says Karyn Maughan

Reporter Karyn Maughan shares latest in Jacob Zuma's high court bid to have corruption charges against him permanently dropped.

Naked Scientist describes Hello Tomorrow Summit's 'deep technology' innovations

Naked Scientist describes Hello Tomorrow Summit's 'deep technology' innovations

The Naked Scientist, Chris Smith talks about all things science and answers listener's questions.

This mess that is Eish-kom, is the ANC's doing, says Eusebius

This mess that is Eish-kom, is the ANC's doing, says Eusebius

Eusebius McKaiser and callers discuss Ramaphosa's comment that South Africans will overcome load shedding like they did apartheid.

SA hasn't yet succeeded in fulfilling vision of the Constitution, panel says

SA hasn't yet succeeded in fulfilling vision of the Constitution, panel says

Eusebius McKaiser hosted a discussion on the gap between the vision of the Constitution and the lives of people in South Africa.

'Punitive action not the best response for employees battling with alcoholism'

'Punitive action not the best response for employees battling with alcoholism'

This HR exec says bosses needs to be more supportive towards staff affected by alcoholism, substance abuse or any other addiction.

Popular articles
Fikile Mbalula confirms Gupta brother's phone call

Fikile Mbalula confirms Gupta brother's phone call

EWN reporter Theto Mahlakoana unpacks Fikile Mbalula's testimony at the Zondo commission of inquiry into state capture.

This mess that is Eish-kom, is the ANC's doing, says Eusebius

This mess that is Eish-kom, is the ANC's doing, says Eusebius

Eusebius McKaiser and callers discuss Ramaphosa's comment that South Africans will overcome load shedding like they did apartheid.

Meet Sandile Shabalala, CEO of black-owned and controlled TymeBank

Meet Sandile Shabalala, CEO of black-owned and controlled TymeBank

TymeBank has no branches and no monthly fees. Most transactions are free. Bruce Whitfield interviews its CEO.

[WATCH] 'We don't accept white people' says BLF registering for May elections

[WATCH] 'We don't accept white people' says BLF registering for May elections

Black First Land First (BLF) leader Andile Mngxitama made its exclusionist policy clear when registering at the IEC on Wednesday.

'I want the world to know that Mandla was using my daughter for his own gain'

'I want the world to know that Mandla was using my daughter for his own gain'

Reverend Mbongeni Simelane says it has been a difficult time for his family after the abuse of Bongekile 'Babes Wodumo' surfaced.

[VIDEO] Video allegedly showing Mampintsha beating Babes Wodumo creates outrage

[VIDEO] Video allegedly showing Mampintsha beating Babes Wodumo creates outrage

EWN reporter Kgomotso Modise in for Khabazela shares tweets and Facebook posts that have gone viral.

[WATCH] A woman gives birth...in a moving car

[WATCH] A woman gives birth...in a moving car

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone viral'.

 Motshekga to implement 'consequence management' at catastrophic schools

Motshekga to implement 'consequence management' at catastrophic schools

Basic Education Minister Angie Motshekga has called South Africa's education system a "national catastrophe" and a "crisis".