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• The non-compete must provide for a lump sumcompensatory payment that is at least equal to 50% of thenormal salary and benefits over the period during which therestrictive covenant will be enforced;• The employer can waive part or whole of the covenant’sapplication within a period of 15 days post termination byregistered mail; after that period the lump sum is due. 682. Non-solicitation clausesNon-solicitation clauses are sometimes included in non-competition clauses or standalone. It is uncertain whether these restrictions can be enforced since the labor marketis in principle free. The inclusion of a non-competition clause offers the best possibilityof enforcement whereas the employee is compensated and the prohibition is limited intime.3. IP-IT clausesIntellectual Property/Information Technology clauses are regularly instated in contractsby which the employee confirms:• (that he did not have previous knowledge of the subjectmatter);• that he will not work for his own or the competition in thesubject matter;• that he transfers all IP and IT rights regarding his work;68 Article 65 of the Statute of July 3 rd 1978 respecting contracts of employment.3082723.3