The answer to these risks is a properly constructed contract non-competition. Although the medical industry often talks about prohibitions for dentists, it is also crucial to protect relationships with supporting staff: assistants and dental hygienists.
Admissibility of a non-competition clause for an assistant and a hygienist
According to Labor Code, employer may conclude an agreement prohibition of competition with the employeewho has access to particularly important information, the disclosure of which could expose the employer to damage. In the case of dental staff, access to such information is almost a rule. Dental hygienists, by performing some treatments themselves (e.g. scaling or sandblasting), build direct relationships with patients. The assistants, in turn, have full insight into the schedule, personal databases and service standards (know-how) of the facility. The transfer of such an employee to a competitive entity in the same district or town poses a real threat to the integrity of the patient database.
You can easily imagine a situation in which a popular hygienist specializing in aesthetic prophylaxis terminated her contract and started working in a newly opened office, informing patients about it in advance and suggesting them to make further visits to her new (future) employer. Not properly formulated non-competition agreements after the termination of the employment relationship, within two months the outflow of patients regularly registering for hygiene treatments amounted to almost 30%. The facility did not have legal tools to claim compensation for taking over the contact database, because the assistant was not formally bound by the ban. All that remains is to pursue claims related to unfair competition.
Basic elements of a non-competition agreement
For a contract to be valid and effective, it must contain the following elements:
- Written form: Under pain of nullity. No signature on the document means no protection.
- Subject scope: It is necessary to precisely define what we consider competitive activity. Is it working in another medical entity with the same profile, or also running your own business?
- Duration: The prohibition after termination of the employment relationship must be limited in time (e.g. 6 or 12 months).
- Compensation: This is a key element. The employee is entitled to compensation in the amount of not less than 25% of the remuneration received before the termination of the employment relationship for a period corresponding to the period of prohibition.
Specificity of support staff. What to pay attention to?
When constructing contracts for assistants and hygienists templates should be avoided. The Supreme Court has repeatedly emphasized that the concept of “particularly important information” should be assessed through the prism of a specific position.
For hygienists It will be crucial to protect against “pulling out” patients to whom she has access during procedures. The contract should emphasize the protection of business secrets regarding patient lists and medical and sales procedures.
For assistants it may be more important to protect organizational procedures, price lists negotiated with suppliers of dental materials and the patient database managed in external systems.
Introduction competitive clauses towards supporting staff in a dental office is not an expression of lack of trust, but an element of professional legal and business risk management. A well-designed contract has a preventive function and allows for real protection of the value of the patient database and developed medical standards.
It’s worth remembering that defective contract (e.g. without specific compensation or too broad in scope) may be considered invalid, which will leave the facility without protection in the event of a dispute.
