The employer may not impose any exclusivity clause for a period of one year on an employee who sets up or takes over a business, even if there is a contractual stipulation or agreement to the contrary. However, this prohibition does not apply to the exclusivity clause provided for by article L. 7313-6 for travellers, representatives or salespersons.
When leave to create or take over a business is extended under the conditions provided for in Articles L. 3142-111, L. 3142-117 and L. 3142-119, the provisions of the first paragraph apply until the end of the extension.
The employee remains subject to the obligation of loyalty towards his employer.