The AIRO investigative institute offers its professionalism and experience for the protection of corporate assets, gathering evidence related to the violation of the non-compete agreement by former employees.


Art. 2125 Civil Code - Non-competition Agreement
“The agreement that limits the performance of the employee's activity for the time following the termination of the contract is void if it is not in writing, if no compensation is agreed in favor of the employee, and if the restriction is not contained within certain limits of subject, time, and place (1).
The duration of the restriction cannot exceed five years for executives and three years in other cases. If a longer duration is agreed upon, it is reduced to the extent indicated in the previous paragraph.”

Note
(1) From the non-compete agreement arises the obligation for the worker not to conduct business, on their own behalf or on behalf of third parties, in competition with the employer during the period following the termination of the relationship. The agreement can be included in the employment contract or can be concluded during the employment relationship; it can also be stipulated after the termination of the relationship, provided that it is related to the same relationship.

The Ratio Legis, that is the objective of the norm, is to allow the employer to protect themselves for the time following the termination of the employment relationship, against the former employee who joins another company or decides to start a business.
It could indeed happen that an employee, once the employment relationship with the company is terminated, uses and disseminates the knowledge, experience, and skills acquired to another competing company.
It differs from the prohibition of competition (art. 2105 Civil Code) which is operative, without the need for any agreement, during the course of the employment relationship.

The agreement must possess the following requirements:

  • stipulated in written form;
  • limits of carrying out activities;
  • territorial extension: the geographical area within which competing activity cannot be carried out must be defined;
  • duration: for a maximum of 5 years for executives, businesses, partners, and professionals, and a maximum of 3 for workers, supervisors, and employees;
  • penalty: anyone who violates the rule will be required to pay a penalty set by the parties and to compensate for any other damage caused to the subject;
  • remuneration: it must be proportional to the agreed prohibition. The broader the obligation, the greater the compensation.

To demonstrate the breach of the non-compete agreement, it is essential to gather valid evidence to be presented in court.

Our investigative agency documents the work activities of the subjects in question with evidence reproducible in court, verifying any disloyalty and offering a complete assistance service.
AIRO is indeed specialized in Corporate Investigations serving small, medium, and large enterprises.
Any investigative activity is carried out with the utmost professionalism, discretion, and confidentiality.

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