In the event of resignation, an employer intending to waive the enforcement of a non-compete clause must do so within the timeframe stipulated by contract or collective agreement, and no later than the date the individual actually leaves the company.
The employee is bound by the non-compete clause from that moment on, at which point they become entitled to claim payment of the financial consideration associated with the clause.
This was affirmed by the Court of Cassation in a ruling dated July 1, 2026 (No. 25-10.960, published in the official bulletin).
1) Analysis.
The employer had believed they could benefit from Ordinance No. 2020-306 of March 25, 2020, which had the effect of extending time limits during the pandemic.
In this ruling, the Court of Cassation affirms that a non-compete clause cannot be construed as the termination of an agreement for which the Ordinance of March 25, 2020, allowed for an extension of time limits.
Upon an employee's departure (dismissal, resignation, mutually agreed termination, etc.), the employer may decide to enforce the non-compete clause stipulated in the employee's contract; in such a case, they must ensure payment of the financial consideration.
However, they may also choose to waive it and release the departing employee from the non-compete clause.
In this instance, the employer must inform the employee no later than the day of their actual departure—i.e., at the end of the notice period, which also corresponds to their removal from the payroll. This ruling (re)affirms—beyond the protection of employees' interests—the constitutionally guaranteed freedom to work, by penalizing an employer whose delay in waiving a non-compete clause prevents the employee from finding new employment within the defined scope of competing businesses.
To read the full article, click the link below:
#clause de renonciation #contrepartie financière
Sources :
- Arrêt Cour de cassation, ch. sociale, 1er juillet 2026, n°25-10.960, Publié au Bulletin ;
- Avis de l’avocat général ;
- Cour d’appel de Grenoble, 14 novembre 2024, ch. sociale – section B, RG n°22/03000 ;
- Ordonnance n° 2020-306 du 25 mars 2020 relative à la prorogation des délais échus pendant la période d’urgence sanitaire et à l’adaptation des procédures pendant cette même période.
Frédéric Chhum, Avocat et ancien membre du Conseil de l’ordre des avocats de Paris (mandat 2019 -2021)
Et Audrey Peynaud, Juriste
Chhum Avocats (Paris, Nantes, Lille)
chhum@chhum-avocats.com
www.chhum-avocats.fr
http://twitter.com/#!/fchhum
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