A post-contractual non-compete clause (Sections 74–75d HGB) prohibits you from working for a competitor after the end of your employment relationship. Prerequisites for validity: (1) agreed in writing, (2) limited in time and geography (maximum 2 years under German law), (3) the employer must pay compensation of at least 50% of the last salary for the duration of the non-compete. If no compensation is paid: the non-compete is not binding for you. Practical recommendation: before accepting a position at a new company, check whether a non-compete applies. Legal advice (trade union per TVG Q040 or employee advice centre) is advisable if uncertain.
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