Cross-border remote work makes non-competes messier, because it is not always obvious whose law applies.
What to negotiate
- Duration: six months is defensible, two years rarely is
- Scope: name the actual competitors rather than "any similar business"
- Geography: meaningless in remote work, so push for narrow or none
- Consideration: some jurisdictions require you be paid during the restricted period
Check the governing law clause
A contract may specify the employer's country's law and courts. That determines enforceability far more than your own country's rules.
Read the non-solicit separately
Non-solicitation of clients and colleagues is usually more enforceable than a general non-compete, and often matters more in practice.
Common questions
Are non-competes enforceable?
It depends heavily on jurisdiction. Some countries void them entirely, others enforce narrow ones. Check the governing law clause.
Should I sign a contract with a non-compete?
Often yes, after negotiating the scope down. Refusing outright can end an otherwise good offer.