Nekalosúťažné konanie zamestnancov

Unfair competition of employees

JUDr. Ľubomír Zlocha, PhD., Institute of State and Law of Slovak Academy of Sciences

Právny obzor, Volume 103, 2020, No. 6, pp. 440 – 452.

Published online: 31.8.2021

Abstract. The author analyses the different types of unfair competition practices of the employees against their employers and legal remedies under the Slovak law. In current business environment with highly developed competition in the various economic sectors, we can observe more frequent occurrence of various types of unfair competition practices. These practices occur both in relation of employees to their current employers as well as former employees. Not always „private competitive business“ of former employees can be considered an unlawful conduct. Currently, employers in litigation proceedings regarding unfair competition of their employers are clearly getting the short end. Means of legal protection against these harmful conducts are primarily contained in the provisions of the Commercial Code, the Labour Code, legislation on intellectual property rights and the others.

Key words: employee, employer, competition, know-how, conduct contributing towards mistaken identity, parasitic use of reputation, violation of trade secret