Labour Law3,788 views1 answerAsked 25 Mar 2026
Can my employer make me sign a restraint of trade?
My new employer wants me to sign a contract saying I can't work for any competitor for 2 years after I leave. Is this enforceable?
S
Sifiso M.
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Community Answers
J
Justibly Editorial Team
25 Mar 2026
+50 XP
Restraints of trade are enforceable in South Africa but courts apply a reasonableness test: does the employer have a legitimate proprietary interest to protect? Is the restraint reasonable in duration, geographic area, and scope? A 2-year nationwide ban is often found unreasonable unless you're very senior. Courts will enforce what is reasonable and sever what isn't.
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