# Non-compete clause: can you join a competitor?

Check whether a non-compete clause can apply after you leave. Learn about written clarification, duration, compensation and customer clauses.

Canonical: https://samfunnprep.no/en/articles/konkurranseklausul-etter-jobbslutt
Language: en
Publisher: SamfunnPrep
Author: Hlib Suslov
Published: 2026-10-04T15:37:27.581+00:00
Modified: 2026-10-05T14:39:29.393236+00:00
AI use policy: https://samfunnprep.no/ai-policy.txt

## Key takeaways

- No more than one year A valid non-compete clause may apply for no more than one year after the employment relationship ends.
- Ask for a written statement A written request normally starts a four-week deadline for the employer to reply.
- Compensation when used Your employer must pay compensation when a non-compete clause is invoked.

A non-compete clause can limit where you work after leaving a job. It must meet legal conditions, last no more than one year and provide compensation if your employer uses it. Ask for written clarification before choosing your next job.

## What is a non-compete clause?

A **non-compete clause** is an agreement that restricts working for another employer or running your own business after leaving a job. However, a sentence in your contract does not mean your employer can freely prevent every job change.

The rules below were checked as of 3 October 2026. They concern non-compete clauses between employers and employees under arbeidsmiljøloven, Norway's Working Environment Act. A special exception applies to the company's chief executive where a written agreement provides for post-employment pay.

Find your employment contract and any attachments. The clause may be in a separate agreement you signed later. On SamfunnPrep, you can also use the [employment contract checklist before signing](https://samfunnprep.no/en/articles/arbeidsavtale-sjekk-for-du-signer) to check other important terms.

Read the heading and the actual wording. Words such as “competition”, “customers” and “confidentiality” concern different issues. Ask your employer to explain which restriction will apply to your situation.

## When can your employer use the clause?

Your employer must have a particular need for protection against competition. The clause must be in writing and cannot apply for more than one year after the employment relationship ends.

This follows from [chapter 14 A of arbeidsmiljøloven](https://www.arbeidstilsynet.no/regelverk/lover/arbeidsmiljoloven--aml/). Arbeidstilsynet is the public agency that provides guidance on working environments and employment conditions.

If your employer dismisses you for reasons relating to the business, the non-compete clause cannot be used. Redundancy is a practical example. Dismissal objectively justified by circumstances relating to you must be assessed differently.

The clause also cannot be used if your employer's breach of obligations gives you reasonable grounds to end the employment relationship. This requires an individual assessment. Do not decide the issue simply by comparing your situation with a colleague's case.

Make a simple outline of your new job. Write down the business, tasks and planned starting date. This makes it easier to clarify what your employer actually wants to restrict.

## How do you ask for written clarification?

You can send a written request asking whether the non-compete clause will be used, and to what extent. Your employer must respond with a written **redegjørelse**, a statement, within four weeks.

Here, the statement means an explanation of the decision. If the clause will be used, the explanation must show the employer's particular need for protection against competition. The requirement follows from § 14 A-2, checked as of 3 October 2026.

For example, you can write:

> I request a written statement explaining whether the non-compete clause in my agreement will be invoked. Please specify its scope, duration and the employer's particular need for protection against competition. I also request information about how compensation will be calculated.

This is suggested wording, not an official form. Give the date and identify the agreement you mean. Keep the message and the reply.

When you resign, your resignation counts as such a request if there is no existing binding statement. If your employer dismisses you, the statement must normally accompany the notice. In cases of summary dismissal, a separate one-week deadline applies.

A statement binds the employer for three months and, when notice is given, at least until the notice period ends. If the statement requirement is not met, the clause lapses. Get help assessing the documents if you disagree about this.

## Do you receive payment while restricted?

Yes, your employer must pay compensation if the non-compete clause is invoked. This compensates you for the restriction after leaving, rather than paying you for work performed in your old position.

As of 3 October 2026, § 14 A-3 provides these rules:

- 100 per cent of employment remuneration up to 8 G.
- At least 70 per cent of employment remuneration above 8 G.
- Calculation based on remuneration earned during the last 12 months before notice or summary dismissal.
- Compensation may be capped at 12 G.

**G** is folketrygdens grunnbeløp, the National Insurance basic amount, used to calculate several Norwegian schemes. Ask for a calculation using the correct G value and period. Do not use a random monthly salary from online banking as the entire calculation basis.

Your employer may deduct other employment income, but the deduction can be no more than half the compensation. Your employer may request information about such income. Compensation can be withheld until that information is supplied.

Ask for a breakdown showing the basis, percentage, any cap and deductions separately. You or an adviser can then check the calculation. [Altinn's explanation of employment contracts](https://info.altinn.no/starte-og-drive/arbeidsforhold/ansettelse/arbeidsavtale/) confirms that using a competition restriction gives a right to salary compensation.

## Are customer clauses and confidentiality the same thing?

No. A customer clause limits contact with particular customers, while a non-compete clause restricts your next employment or business. Confidentiality concerns information you must keep private.

Under § 14 A-4, a **customer clause** can cover only customers you had contact with or responsibility for during the year before the statement. It may last no more than one year after leaving. The statement must name the customers covered.

The special compensation rule in § 14 A-3 applies to non-compete clauses. Do not automatically use the same calculation for a customer clause. Your agreement may also contain separate financial terms that you need to read.

Ask specifically whether you can start the new position and which customer contacts you may need to avoid. You need different answers to these two questions. A general message that you “cannot compete” gives little help when choosing tasks.

## What should you do before your next job starts?

Collect the documents and clarify the restriction in writing before promising a starting date that could be difficult to meet. If you disagree, a union or lawyer can assess the agreement, statement and new job offer together.

An illustrative example is an employee who receives an offer from another business in the same industry. Before resigning, the person sends a written request. The specific offer is then assessed against the employer's reply. The example shows the sequence, not that the clause is necessarily valid.

Also ask for written confirmation if you agree that the clause will end. Keep this separate from the resignation itself. You can find the rules for leaving a job in the [guide to resigning in Norway](https://samfunnprep.no/en/articles/si-opp-jobben-norge).

On [SamfunnPrep's tools page](https://samfunnprep.no/en/verktoy), you can find practical resources for planning everyday life in Norway. You may also make your own list of documents and dates to clarify before changing jobs.

## FAQ

### Can my employer prevent every job in the same industry?

No. The clause must meet legal conditions and can be used only as far as a particular need for protection against competition makes necessary.

### How long can the clause apply?

No more than one year after the employment relationship ends, under the rules checked as of 3 October 2026.

### When should I receive a written statement?

After a written request, your employer must respond within four weeks. Special rules also apply when notice or summary dismissal is given.

### Does a customer clause provide the same compensation?

Not automatically. The special compensation rule in § 14 A-3 applies to non-compete clauses; also read any payment terms in your agreement.

## Sources

- [Arbeidsmiljøloven – aml](https://www.arbeidstilsynet.no/regelverk/lover/arbeidsmiljoloven--aml/)
- [Altinn - Arbeidsavtale](https://info.altinn.no/starte-og-drive/arbeidsforhold/ansettelse/arbeidsavtale/)

Citation: Hlib Suslov, "Non-compete clause: can you join a competitor?", SamfunnPrep, 2026-10-04T15:37:27.581+00:00, https://samfunnprep.no/en/articles/konkurranseklausul-etter-jobbslutt
