Believing that restrictions which tie work visas to the consent of a worker's current employer serve a profoundly anti-competitive effect by tying workers to the grace of their supervisors,
Concerned of the effect this has on worker visas, both for domestic and foreign workers, as well as the ability for member nations to enforce workplace safety and fair employment laws, and
Appalled at the use of non-compete clauses in employment contracts to prevent workers from accepting higher-paying employment offers, therefore enacts as follows:
- A "covered worker" is a worker in a member nation who is legally present and permitted to be employed due to a work visa.
- Covered workers must be permitted to change employment and employers or otherwise leave that member nation, without regard to the approval of a current or previous employer. No contractual non-compete or anti-poaching clause may be enforced in any member nation on any worker unless the claimant can show an objective procompetitive justification therefor.
- Work visas may not be revoked because a covered worker has a de minimis break in employment. A break in employment is de minimis when it is shorter than or equal to the time it would take a similarly situated native worker to find new employment.
