As noted above, 49.4% of respondents said that at least some workers in their establishment had to enter into a non-compete agreement and 31.8% of the respondents said that all workers in their establishment had to enter into a non-compete agreement. Unfortunately, the 17.6% of employers who say they do not use a non-compete clause for some workers have not provided information on the proportion of workers who are not competitive. That is why we are not in a position to determine at the federal level the exact proportion of workers subject to non-competition obligations. However, we can offer a number of possibilities. In the next two sections, we show that between 27.8% and 46.5% of private sector workers are non-competitive. The application of these shares to the 129.3 million private sector employees means that between 36 and 60 million private sector workers are subject to non-compete agreements14. Different types of agreements can be concluded depending on the job and the company. Because you are independent, you may not be affiliated with a union. But there are trade unions, such as the Community, that are more concerned about the rights of the self-employed. Comments: percentages indicating the proportion of jobs in each category of lines for which all workers are subject to non-compete agreements or at least some employees are subject to non-competition agreements. The symbols – and `use of competitive agreements` indicate that the use of competitive agreements differs significantly from the other categories in the table combined at level 0.10, 0.05 and 0.01 respectively. In Finland, collective agreements are of general application.
This means that a collective agreement in an industry becomes a general legal minimum for an individual`s employment contract, whether or not he or she is unionized. For this condition to apply, half of the workers in this sector must be unionized and therefore support the agreement. We used data from a national survey of U.S. private companies employing more than 50 people. The survey was based on a random sample and was conducted from March 2017 to July 2017. It had a sample size of 634, which gives a 95% confidence interval for high-end estimates of plus or minus 3.9 percentage points. The interviewees were the head of the company`s staff or the person responsible for recruiting and onboarding the staff. The reason for using this person as the person responding to the investigation is that non-competition prohibitions are often signed as part of the embedded documents when a new employee is hired. Therefore, the manager responsible for this process is the person most likely to be eligible through the documents signed by the new employee. Although the collective agreement itself is not applicable, many of the negotiated terms relate to wages, conditions, leave, pensions, etc. These conditions are included in a worker`s employment contract (whether the worker is unionized or not); and the employment contract is of course applicable. If the new conditions are not acceptable to individuals, they may be contrary to their employer; but if the majority of workers have agreed, the company will be able to dismiss the complainants, usually unpunished.
The utilization rates of competitive competitions vary considerably from sector to sector. Table 3 shows the use of competition in key industrial sectors (based on the U.S. Industry Classification System (NAICS) codes.