Non-Compete Limitations and Practical Issues

The freedom to choose one's work, time, and place of engagement is a fundamental human right guaranteed by the Serbian Constitution. These rights envision a society where all professions are open to everyone on equal terms.

The Law on Protection of Competition echoes these principles, aiming to foster economic progress and societal well-being, especially for consumers. However, general rights come with specific restrictions meant to safeguard basic freedoms, ensure fair competition, and maintain a robust economic system with engaged consumers and companies.

Limitations on work freedoms arise in employer-employee relations, statutory rules under the Companies Law of RS, and private agreements between parties. Because of the unique nature of each relationship, the rules and boundaries on constraints also differ.

This article prepared by JPM’s Partner Aleksandar Popović and Senior Associate Miloš Maksimović will explore the nuances of non-compete regulations in Serbia to clarify the careful balance between individual rights and maintaining a just marketplace.

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