The risks of employment at a competing company and the disclosure of confidential information of the company force employers to enter non-compete and non-disclosure (NDA) agreements with employees. The complexity of such agreements is that the legislation of Ukraine does not directly regulate the procedure for their conclusion, conditions and liability for non-compliance. During the webinar, GOLAW counsel, attorney at law Kateryna Tsvetkova and GOLAW associate, attorney at law Nataliia Matviichuk outlined the concepts and terms for non-compete and non-disclosure agreements as well as provided current court practice in disputes on invalidation such agreements and reimbursement under them. The speakers also gave practical advice to employers on how to protect themselves and prevent violations when concluding non-compete and non-disclosure agreements with employees.
During the meeting, we discussed:
- The concept of non-compete clauses (NCC), the practice of their application in Ukraine, and international practice
- Prohibition of employment at a competing company: to which categories of employees can it be applied?
- Non-disclosure agreements (NDA): the concept and legal regulation in Ukraine and abroad
- Recommendations for concluding non-disclosure agreements with employees
- Recent key positions of courts in labor disputes related to non-compete and non-disclosure agreements
Kateryna Tsvetkova, Counsel at GOLAW, Attorney at law. Kateryna has an impressive track record of successful representation of clients in highly complex litigation in courts of all levels and jurisdictions. One of the main areas of her practice is labor law. Kateryna has extensive experience in advising foreign and Ukrainian companies on complex cases related to the dismissal of employees, drafting employment agreements, and providing comprehensive consultations on the law audits. She also assists her clients in the audits conducted by regulatory authorities. Kateryna is a lecturer at the Higher School of Advocacy of the Ukrainian National Bar Association.
Natalia Matviychuk, Associate at GOLAW, Attorney at law. Natalia specializes in civil, commercial, labor, and maritime law. She successfully accompanies litigation in the field of protection of labor rights, honor, dignity, and business reputation of clients, ownership of movable and immovable property, in disputes arising from land relations, including disputes between legal entities and state authorities. Natalia provides legal advice to the company's clients on registration of labor relations, observance of legislation on protection of consumer rights, land lease, contractual relations, and protection of intellectual property rights. Natalia is a coauthor of the methodological recommendations on taxation of advocacy, issued by the National Association of Advocates of Ukraine, as well as the author of several articles and publications in professional editions.