{"id":14225,"date":"2021-03-17T21:41:38","date_gmt":"2021-03-17T20:41:38","guid":{"rendered":"https:\/\/melo.no\/?p=14225"},"modified":"2025-02-10T13:38:46","modified_gmt":"2025-02-10T12:38:46","slug":"arbeidsgivers-virkemidler-ved-brudd-pa-konkurranseklausuler","status":"publish","type":"post","link":"https:\/\/melo.no\/en\/juridisk-innsikt\/arbeidsrett\/arbeidsgivers-virkemidler-ved-brudd-pa-konkurranseklausuler\/","title":{"rendered":"Employer remedies for breaches of non-compete clauses"},"content":{"rendered":"
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The rules governing non-compete clauses in employment relationships are set out in Chapter 14 A of the Norwegian Working Environment Act. These provisions regulate the validity of non-compete clauses agreed between employers and employees. However, the Act does not specify the consequences of an employee breaching a non-compete clause.<\/p>\n

The parties may agree on applicable sanctions<\/h2>\n

Under Norwegian law, the parties are generally free to agree on the sanctions that will apply in the event of a breach of a non-compete clause. Such agreements often stipulate a fixed amount, or a contractual penalty, that the employee must pay if the clause is breached. However, penalty provisions may be set aside or reduced if they are deemed unreasonable pursuant to Section 36 of the Contracts Act. Accordingly, a case-by-case assessment should be made to determine what constitutes a reasonable sanction for a breach of a non-compete clause.<\/p>\n

The employer may seek a preliminary injunction<\/h2>\n

If a breach has already occurred, the employer may apply to the courts for a preliminary injunction in order to bring the breach to an immediate halt. A preliminary injunction is a temporary court order that remains in effect until a final judgment is rendered. Such injunctions are therefore used when there is an urgent need to prevent certain conduct pending the outcome of legal proceedings. If the employer succeeds in obtaining an injunction, the employee may be prohibited from working for a competing business.<\/p>\n

The conditions for obtaining a preliminary injunction are set out in Sections 34-1 and 34-2 of the Norwegian Dispute Act. Under these provisions, a preliminary injunction may be granted if the applicant can demonstrate both that there is a claim that warrants protection, and that there is a basis for securing the claim.<\/p>\n

The Dispute Act provides two grounds for security:<\/p>\n