Lorsqu’un salarié est soumis à une clause de non-concurrence, l’obligation de ne pas concurrencer son employeur s’impose à lui dès la date de son départ effectif de l’entreprise. Les magistrats en déduisent que l’employeur doit verser au salarié l’indemnité compensatrice de non-concurrence à compter de cette même date. Par conséquent, en ayant dispensé votre salarié d’effectuer son préavis, vous devez lui verser la contrepartie financière au jour de la notification de son licenciement (et non au jour où son préavis aurait théoriquement dû prendre fin).
À noter : l’employeur qui dispense son salarié d’exécuter son préavis doit également prendre le jour du départ effectif du salarié de l’entreprise comme point de départ de la période de référence pendant laquelle lui est versée la contrepartie financière.
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