The need to maintain business confidential information within the company are increasing in today’s knowledge-based society. Today, trade secrets are an asset for entrepreneurs and important for competitiveness. These secrets are sometimes provided to the employees and the more secrets spread, the more vulnerable the employer becomes. To prevent trade secrets from being disclosed there is a law about confidential information and competition clauses could be entered in the employment contracts. Nevertheless, the need to protect confidential information must be compared to the right of workers to freely use their skills. This paper aims to highlight the legal situation and the legal balance between both parts within the law of confidential information and competition clauses on the basis of a legal science method. It also aims to highlight the use of non-compete agreements from a gender perspective. The purpose of the paper has led to the following research questions; How can the legal framework of trade secrets and compete clauses be understood from an employer and employee perspective and what are the consequences of it? From a gender perspective, what consequences does the balance between the employer’s need to protect confidential information and the employees’ need to be competitive on the labor market after an employment have? The paper shows that there are weaknesses in the law of confidential information through the employer’s perspective and the law does not stall the employees’ competitiveness. The non-compete agreements however, may jeopardize the movement of the employees and are often seen as unfair in Swedish court. However, the problem is that the freedom of enter contracts prevails and the agreements are valid until an arbitration or court shows otherwise. The study indicates that it is mostly men that are subject to compete clauses, which can lead to improvement of women’s position in the labor market.

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Non - compete clauses in the competition law of the European union and selected member states This diploma thesis is focused on the use and regulation of non-compete clauses in the competition law of the European Union, the Czech Republic and Great Britain. The aim of this thesis is to analyse the applicable regulation and decision-making practice of the relevant authorities concerning the non-compete clauses in the selected jurisdictions, draw a comparison between them and, at the end of each chapter, make an evaluation to what extent does the relevant practice differ on the level of European law, the law of the Czech Republic or Great Britain. The thesis is mainly dedicated to the use of non-compete clauses in lease and acquisition agreements. The first chapter is focused on the theoretical introduction to the matter, containing a short summary of the fundamental regulation and soft law of the competition authorities. The second chapter is centred around the analysis of decisions concerning the non-compete clauses in lease agreements. The individual decisions are examined and compared at the end of the second chapter. The comparison is made by using the division of the anti-competitive agreements to the categories of "object-type agreements" and "effect-type agreements". The third chapter is concentrates...

<p> </p><p>This essay aim to clear the regulations that adjusts the use of non-compete clauses in contracts of employement. The historical developement shows tendencies that more employees have contracts that includes non-compete clauses. This developement does not always correspond with what is allowed concerning these clauses. Non-compete clauses is adjusted by the regulations in the collective agreement known as the agreement of 1969. The agreement has also been accepted outside its regular field of application. Apart from the just mentioned agreement, unreasonable conditions of contracts kan be adapted to what is fair accordning to the swedish constitution of agreements. The paragraphs in question is the 36 and the 38 §§, that adjusts when you can shift the conditions. The 38 § is more applyable when it comes to conditions about non-compete clauses. The use of non-compete clauses is also regulated by practice in the court of law, the labour court. Many of the regulations are unspecified in their design. It is possible that these unspecified concepts are essential to maintain the possibility of applying the concepts to a larger amount of cases. The metaphysical concepts of the jurisprudence has been criticized several times during the historical developement, for example by the upholders of the positivistic Uppsala school of philosophy (the Scandinavian legal realism). The facts remains that because of its open device of concepts, the jurisprudence becomes dynamic and useable in a lot more contexts.</p><p> </p>

This essay aim to clear the regulations that adjusts the use of non-compete clauses in contracts of employement. The historical developement shows tendencies that more employees have contracts that includes non-compete clauses. This developement does not always correspond with what is allowed concerning these clauses. Non-compete clauses is adjusted by the regulations in the collective agreement known as the agreement of 1969. The agreement has also been accepted outside its regular field of application. Apart from the just mentioned agreement, unreasonable conditions of contracts kan be adapted to what is fair accordning to the swedish constitution of agreements. The paragraphs in question is the 36 and the 38 §§, that adjusts when you can shift the conditions. The 38 § is more applyable when it comes to conditions about non-compete clauses. The use of non-compete clauses is also regulated by practice in the court of law, the labour court. Many of the regulations are unspecified in their design. It is possible that these unspecified concepts are essential to maintain the possibility of applying the concepts to a larger amount of cases. The metaphysical concepts of the jurisprudence has been criticized several times during the historical developement, for example by the upholders of the positivistic Uppsala school of philosophy (the Scandinavian legal realism). The facts remains that because of its open device of concepts, the jurisprudence becomes dynamic and useable in a lot more contexts.