The Swedish Labour Court has decided to quash the injunctions because the non-formal notice clauses are not considered appropriate. The Swedish Labour Court considers that a non-invitation clause should be assessed on the basis of the same legal provisions as non-competition clauses. A comprehensive assessment of the adequacy of a non-appeal clause should be made, taking into account, for example. B, the employer`s legitimate interest in excitement, the extent to which the clause prevents the worker from performing professional activities, and whether the worker is compensated for that limitation. The Tribunal found that, although non-invitation clauses are less restrictive than non-competition clauses, there are grounds to be restrictive when it comes to allowing non-invitation clauses. The knowledge and personal relationships of former employees with MachineGames employees could not be considered trade secrets or know-how, and the purpose of the clauses was not to protect long-term customer relationships that might have been of legitimate interest. However, given that former employees have gained a competitive advantage over other potential employers in recruiting MachineGames staff through their employment with MachineGames, MachineGames may have a legitimate interest in maintaining the non-invitation clause during a transitional period to adapt their activities to the new competitive situation. In addition, MachineGames may have a legitimate interest in an employee leaving the company encouraging other employees to leave the company, which could justify the renewal of a non-call clause for a short period of time. Moreover, the restrictive time limit cannot go beyond what is deemed appropriate. The reasonable period of time seems very short and the Swedish Labour Court found that, even after a relatively short period of six months, it was inappropriate to impose a non-formal notice clause.
Therefore, employers should carefully consider how long it takes them to prevent former workers from recruiting workers in order to protect their legitimate interests.