In Spain it also needs a reasonable compensation, AFAIK estimates are around 80% of the salary the employee would have received during the period the post-employment limitation lasts.
It can be paid "while you are employed", which becomes a notable point of friction in contracts where part of your negotiated gross salary suddenly appears assigned for that purpose instead.
Things may get funny because at termination the company may have in fact paid only a part of the compensation that the agreed period would require. What happens then? Is the period reduced proportionally? Is the non-compete voided entirely? Moreover, the contract is binding both ways, which means at termination the employee might require the employer to honor their side and pay for the entire period regardless if the employer never intended to enforce it. Most of those quirks have not been tested to my knowledge, but it would be fun to watch.
It can be paid "while you are employed", which becomes a notable point of friction in contracts where part of your negotiated gross salary suddenly appears assigned for that purpose instead.
Things may get funny because at termination the company may have in fact paid only a part of the compensation that the agreed period would require. What happens then? Is the period reduced proportionally? Is the non-compete voided entirely? Moreover, the contract is binding both ways, which means at termination the employee might require the employer to honor their side and pay for the entire period regardless if the employer never intended to enforce it. Most of those quirks have not been tested to my knowledge, but it would be fun to watch.