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Restraint of Trade - Employment Law Centre of WA

Fact Sheet Restraints of Trade : can your employer restrict what you do during and after Employment ? 1. What is Restraint of Trade ? Restraint of Trade occurs when an employer attempts to prevent an employee from carrying out certain activities that are related to his or her Employment . It is not uncommon for Employment contracts to include Restraint of Trade clauses . that may apply both during the Employment and after the Employment comes to an end. Even when there is no Restraint set out in an Employment contract , the law implies certain restraints into every Employment relationship.

4. Express contractual restraints (“restraint of trade clauses”) Employment contracts sometimes contain clauses that expressly prohibit the employee from engaging in certain activities. The effect of these clauses will depend on how they are worded. Where such clauses exist, they generally apply during the course of employment.

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  Contract, Employment, Trade, Clauses, Employment contract, Of trade, Of trade clauses

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