On Thu, 18 Jul 2002, guy keren wrote:

> 
> On 17 Jul 2002, Oleg Goldshmidt wrote:
> 
> > I actually paid a bunch of lawyers once to understand a particularly
> > difficult employment contract. It was explained to me at length that
> > the law (in Israel) recognizes non-competition without any explicit
> > clauses in the contract.
> >
> > What the law will not uphold is a non-competition with overly broad
> > scope or too long a duration.
> 
> there was a case laetly, in a israely court (i think it was half a year or
> so ago), in which the court tore-down a non-competetion clause that had a
> 2-years limitation (which is a very common case). the case dealt with an
> employer of a company that gave services to other companies. this employe
> left the company, and started giving the same type of service (i think it
> was service for some software package), to some of the clients of his
> former company. the company went and sued. the court said the employee is
> allowed to give the service he does, but must reutrn the info about
> customers he took from the original company, back to the company.
> (i hope i wrote the details correctly - i don't have the article).
> 
> if you want to know more details, i suggest you look this court rulling
> up. its a new precedence in this area, btw, and represents a change in the
> interpretation of the 'freedom of occupation' law in israel, relative to
> the norm that existed in the past.

It sounds close to a precedence ruling I recall, from around the same 
time, that "tkufat tzinun" set in a contract exceeding that set by law in 
invalid unless the former employee is in possession of the former 
employer's secret information - or something along those lines. Could have 
been the same case. 

-- 
Thanks,
Uri
http://translation.israel.net


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