zlacker

I feel like the solution is to force the company to pay full TC (average of previous years + inflation or something?) for the duration of the noncompete.

>>infair+(OP)
In Germany non-competes have a max duration of two years and compensation has to be at least 50%.

>>infair+(OP)
> I feel like the solution is to force the company to pay full TC (average of previous years + inflation or something?) for the duration of the noncompete.

It absolutely has to be something like this at a bare minimum. The whole "We pay full base" argument is nonsense when the TC is multiples of base.

>>vgathe+W6
But bonus depends on how the team did plus individual perf... politics.

How do you establish what the person would have gotten paid?

>>lordna+9a
Take the average over the last years? If the employer doesn't want to pay that then the employee can always go work for a competitor, right?

>>arrrg+v1
Living two years on half the salary sucks though.

>>lordna+9a
That's why he suggested "average of preceding years". Maybe you allow companies to appeal to reduce the amount based on a decline in profits leading to reduced bonuses for employees on identical schemes, but... Meh. If they want to use non-compete clauses I think they should bear that risk. It will make companies think hard about on whom they should impose them, which in my opinion is the point of creating restrictions.

>>caskst+iJ
Realistically though, you're never going to have a system where it's generally more attractive financially to spend a couple years on the beach than to keep working. That's a perverse incentive.

But, yes, that's the thing with gardening leave. There are certainly some people who would be fine with taking a year off at significantly reduced pay--but not the majority.

>>vgathe+W6
Even this doesn't work because its often the case that an employee leaves for a higher salary elsewhere. Instead of trying to add epicycles to a stupid system it makes more sense to shit can it. There are about 338 million people who would benefit whereas the people who truly have anything to gain from such a system could all attend an event together.

>>caskst+iJ
It's a great start into freelancing though. They have to pay you 60% of your former salary upto 110% of it.

>>eszed+wK
Right. They can always release them from the noncompete if they find it onerous.

>>F-W-M+Ku1
You know what would be even better? Them paying you 100% of your salary while you are freelancing ;)