If you have faced restraint on trade law, this is the platform that can help you because here you will get legal advice from trained and experienced restraint of trade law lawyer in Perth, Australia. But firstly, you will need to understand what restraint of trade law all about is. So without further ado, let’s get to know about restraint of trade and its laws.
What is the definition of restraint of trade?
According to the legal encyclopaedia, restraint of trade law helps and supports the employees who have been wronged by their employers in the work environment. Restraint of trade happens when a particular employer tries to prevent an employee from carrying out some job responsibilities. Most of the employment contracts in today’s date, have a restraint of trade clause that can help the employer and employee come to terms even after the employment period has ended.
If the contract does not include a restraint of trade clause as per law, an employee may be subjected to some form of restraint of trade in any given employment relationship. The court will decide whether your circumstances of employment and the restraint of trade coincided with each other in a proper manner or not. If you are facing issues in your workplace regarding the restraint of trade clauses in your contract, you can get in touch with the best lawyer in Perth Australia to get some legal help.
What are the sources of restraints?
In general, restraints on trade have four main sources that are subjected to employees who are working in an organization and the past employees who were working in that particular organization. These sources may differ in every different industry organization, however, they are likely to remain the same.
- The first sources of restraint is ‘restraint of trade clauses’ present in employment contracts.
- The second source of restraint implies responsibility of the employee to maintain good faith and fidelity while working in an organization, while terminating the contract and even after 1 year of termination.
- The third source is about the employee’s responsibility of maintaining confidentiality and lastly his or her duties regarding fiduciary relationship. It is expected of the candidate to read the contract thoroughly, note on each of the clauses under these above-mentioned sources and only then sign on the contracts.
However, if you feel that you have been duped, you can get in touch with employment lawyers Perth, Australia who can provide you with your due justice.
How do these restraints on trade law help employees?
The employees need to abide by these laws of restraints on trade in every organization. These laws do not allow any unreasonable restraints disguised as public policy in any organization. The employees are banned from entering into similar kinds of business or employment after the termination however, this can hamper their career as well as their financial growth.
Therefore, these kinds of clauses automatically become unreasonable because every employee has the right to pursue their desired employment or lawful trade. There are circumstances where these restraints on trade can be justified however, mostly they are invalid. This post-employment restraints often are based on the employee’s geographic area, activities, information received as well as the time. So if these point heads are speaking on your behalf, you can get in touch with an employment lawyer in Perth, Australia.
What to do when you are facing issues regarding restraint of trade?
There may be many issues you face during your employment but one of the major issues that people face after their employment period is over is with the restraint on trade. It may not be possible for you to research every terminology prescribed in the contract, so you may have signed some contract with clauses regarding restraint on trade.
There are many types of restraints that can help employers in maintaining confidentiality while an employee is working in their organization. Also there are many restraints on trade where the employee can be barred from doing certain activities that can threaten the production and sale of the company, even after the employee has terminated the contract.
However, these clauses may not be in your favour and can hamper your career growth. So if you are finding these clauses regarding restraints on trade that you had signed earlier you can get in touch with the best lawyer who has ample experience and knowledge in restraint of trade law.
Law for restraint on trade is not only subjected to employees but it also protects the employers. If there has been any breach in the contract where the employee’s activities, decisions and behaviour has led towards the company’s downfall right after the employee’s termination, this law can speak on the behalf of the employer as well. To get your due justice as an employer you can also contact employment law lawyers in Perth Australia.