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. Competition bans are used by about 70% of firms in the business services and wholesale sectors, but much less so in transport, education and health, leisure and hospitality. It is striking, however, that even in the leisure and hospitality and restaurant sectors, a quarter of firms apply non-competition rules and that one in seven companies in the hospitality and restaurant sectors is not competitive for all their workers. Collective agreements in Germany are legally binding, which is accepted by the public, and this is not a cause for concern.  [Failed verification] While in the United Kingdom there was (and probably still is) an “she and us” attitude in labour relations, the situation is very different in post-war Germany and in some other northern European countries. In Germany, the spirit of cooperation between the social partners is much greater. For more than 50 years, German workers have been represented by law on boards of directors.  Together, management and workers are considered “social partners.”  A high-quality study of the extent of competition agreements at the national level, which surveyed 11,500 workers in 2014, showed that 18.1% of workers in the private sector or a public health system were covered by a non-compete agreement5.
One potential drawback of this approach is that it could lead to an underestimation on the part of workers subject to non-competition bans when workers do not know or remember that they are subject to it. The results of the survey suggest that signing a competition may not always be a memorable occasion – for example, it found that 88% of workers, when asked to sign a non-competition clause, simply sign it instead of negotiating the terms. It also noted that more than 30% of workers who are asked to sign non-compete contracts are interviewed after having already accepted the work, often on the first day of work, which is a period when new employees often sign many forms and may not pay much attention to any form.6 Non-competitors can also be hidden in a larger manual. , the provisions of which must be unconditionally agreed by the workers as a condition of employment7. Given these factors, it would appear that there is a potential for useful underestimation when workers are asked whether they are subject to competitive competition agreements. The extent of the non-competition bans we see in this survey is significantly higher than a 2014 study of workers: 18.1% of workers. This difference is likely due to the fact that the investigations have been spaced three years apart, indicating an increase in the use of non-competition measures. It is also probably because our survey was a business survey, whereas the previous survey was a survey of workers in the private sector or a public health system. While companies know whether their workers are subject to non-competition obligations, workers may not know that they are subject to a non-competition clause and can therefore ensure that they are subject to these obligations.