A Comparative Study
This chapter considers the vexed question of limits on an employee’s mobility, both the right to change employment and to utilize their accrued human capital. Post-boomer generations do not expect to stay in a job forever, nor do post-Thatcher employers expect to retain staff throughout a full career. Fixed term contracts have come to dominate employment practices in many fields, especially those in the so-called ‘knowledge economy’. Three aspects of the employment relationship are discussed: the ownership of valuable intangible property created by employees; the scope for employers to seek protection from competition from their employees during the employment relationship in a world of ‘portfolio’ careers; and employer strategies to protect themselves from competition after the termination of the employment relationship. Keywords comparative employment law, contract of employment, restraint of trade, intellectual property
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