(1) The worker shall devote all his gainful activity to
the udertaking, save as otherwise stipulated in the contract :
provided that he may, unless otherwise agreed, undertake
outside his working hours any gainful activity which is not liable
to compete with the undertaking or prejudicial to the due
performance of the agreed services.
(2) However, it may be stipulated by agreement, between the
parties that in the event of a breach of contract, the worker shall
not engage, on his own account or on the account of another
person, in any activity liable to compete with the employer in
either of the following cases ;
• (a) If the contract is broken by the worker and the employer
has defrayed the travel expenses from the worker's place of
residence to the place of work ;
• (b) If the contract is broken in consequence of a serious
offence committed by the worker.
(3) Any such prohibition shall not apply outside a radius of 50
kilometres from the worker's workplace and its duration shall not
exceed one year.
III - Suspension and Termination of the Contract
Official text
Spot-checked
In force from 14 August 1992
Source page 15