https://avukati-mt.com/questions/my-contract-has-a-two-year-non-compete-clause-is-that-enforceable/ Search for lawyers Sun, 05 Jul 2026 04:07:44 +0000 hourly 1 https://wordpress.org/?v=7.0.4 https://avukati-mt.com/questions/my-contract-has-a-two-year-non-compete-clause-is-that-enforceable/#comment-820 Sun, 05 Jul 2026 04:07:44 +0000 https://avukati-mt.com/questions/my-contract-has-a-two-year-non-compete-clause-is-that-enforceable/#comment-820 Non-compete clauses are not automatically unenforceable under Maltese law, but courts and the Industrial Tribunal generally scrutinise them closely, since they restrict a person’s fundamental right to work, and a clause will typically only be upheld to the extent that it is reasonable in scope, duration, and geographic reach, and genuinely necessary to protect a legitimate business interest of the former employer, such as trade secrets or a defined client base, rather than simply preventing ordinary competition. A blanket two-year restriction covering the whole of Malta, without a clearly defined and proportionate legitimate interest being protected, is the kind of clause that is often found to be excessive and therefore unenforceable in whole or in part, though this depends heavily on your specific role and what confidential information or client relationships you had access to. Before accepting the new role, it is worth having the specific clause reviewed by an employment lawyer against the actual facts of your position, since an overly broad clause is frequently unenforceable, but the risk of your former employer at least attempting to enforce it, or claiming damages, should not be dismissed without proper legal assessment first.

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