Non-competition in Russia?

Question

Law in IT

There is a person X who is a co-founder of a company that makes... say commercial audio players for linux -)
Now let's imagine that this person takes a job in a company that also makes commercial audio players for linux. It turns out that X simultaneously participates in two competing firms at once. Let's say they are not even direct competitors, because. one firm produces players only for powerful computers, and the second - only for weak ones.
At the same time, X's key motivation, given that his company will not reach any significant income for another six months or a year, is to receive a salary that helps a little in buying grub and filling the reserve fund of his company. And in general, your company is doing insipid outsourcing, and a potential employer is engaged in interesting research, i.e. even after reaching the plus, it’s not really necessary to “move to oneself”.
1) Is it possible under Russian law to write such an employment contract under which X cannot work for a competitor?
2) Is it possible, under Russian law, to put X on grandmas or a term in Crosses for violation of an employment contract under this paragraph?
3) If you are just a co-founder, not a CEO, not an employee of your LLC at all, can a potential employer somehow find out this fact? Especially, learn "automatically", i.e. without knowing beforehand?
4) Based on points 1-3, what do you think, should X honestly tell everything to the future employer when applying for a job, or is it worth keeping quiet?
5) Do post-non-competition agreements have legal significance in Russia? Like “after dismissal, for another 3 years you do not have the right to engage in any activity that could compete with us, incl. production of commercial video players under linux"?
(I am completely on the side of comrade X in this matter, and I ask you to go over to our side of the camp)

Answer 1

No one can be limited in labor rights and freedoms or receive any advantages, regardless of gender, race, skin color, nationality, language, origin, property, family, social and official status, age, place of residence, attitude to religion, political convictions, membership or non-affiliation to public associations, as well as from other circumstances not related to the business qualities of the employee .
employment contracts may not contain conditions restricting the rightsor reducing the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in a collective agreement, agreement or employment contract, then they are not subject to application.
The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.
The only similar restriction in the Labor Code is this:
The head of the organization can work part-time for another employeronly with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner.
That is, the general director of the company can go to work for a competitor (or rather, for anyone) only with the permission of the owner of the company. It concerns only one person in the company. His deputies can already arrange themselves as they please.
But, it should be borne in mind that there are other measures to protect the employer from unscrupulous employees - commercial and official secrets and the beloved copyright. For example, if you are just developing your player, have not yet released it to the public, then its main features can be classified as a trade secret, and an employee who left for a competitor will not have the right to say “we also sculpted such a feature”. In this case, he will personally answer (if you can prove that it was he who divulged, and not just in the head of his new colleagues, she came). Well, by default, exclusive rights to all code that employees write belong to the employer and he cannot take his code with him, including using his brain as a flash drive. Again, if you can prove that your code is used in the competitor's player. In this case, the employee will also be responsible,
If you, as an employee, look at the situation, then if you were not admitted to information constituting a trade secret and do not “merge” the developments to the new employer explicitly, then there is nothing to worry about.

Answer 2

1-2.5 - I hope not.
3 - information about the founders is public, just look in the Unified State Register of Legal Entities
4 - if a potential employer says “do not work for a competitor”, and you work, then it is better to agree in advance, otherwise the consequences are unpredictable. That is, it does not mean that they are necessarily bad.

Answer 3

Many firms have similar clauses in their employment contracts: “do not work part-time and not be a co-founder and blah blah blah in competitive companies”, “do not work for a year or two or three in such and such companies after dismissal”, and so on. .
In general, to bring to responsibility, as I understand it, it is possible. But, of course, it would be necessary to consult with an experienced lawyer.

Answer 4

1. all these conditions about “non-competition”, “post-competition”, etc. do not have legal force on the territory of the Russian Federation. you can include it in the contract - in court they will laugh at this piece of paper and all cases.
2. no. (you can put it on grandmas. send it to crosses, etc., but separately, not under this agreement)
3. yes, it can. egrul etc.
4. Depends on the circumstances, sometimes it's better to tell, sometimes it's better to remain silent. purely human decision.
5. no they don't have.

Answer 5

As far as I remember from commercial law courses, in Russia there are problems with the legal concept of a competitor and competition. Therefore, such agreements, or rather such clauses of the agreement, are not de jure binding in any way.

Answer 6

In serious companies, when hiring a person, a security check is carried out, and there all these moments safely pop up, after which the employment contract is simply not signed under any pretext.

Answer 7

Patent software, hardware, developments - it's easier and more real.