The competition clause
It appears in almost 4 out of 10 employment contracts: the non-compete clause. A clause that prohibits you from working for a competitor or starting competitive activities on a self-employed basis. Did you know that such an agreement is far from always valid?
For example, a non-compete agreement is not intended to merely prevent employees from transferring to another company. As an employer, you must have a genuine interest in protecting trade secrets and other competitively sensitive information. This means right away that non-competition clauses may not be agreed upon with every employee. It may be permissible with specialists or commercial employees, for example. Furthermore, a non-competition clause is almost never valid in a temporary employment contract, the non-competition clause must be agreed upon in writing, and an employee must be of age.
Want to get rid of your non-compete agreement?
If so, negotiate this with your employer first. In extreme cases, you can take it to court. Don't just agree to a non-competition clause when you sign your employment contract. It is often included by default, but this is often not necessary. This can prevent hassles afterwards.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about the validity of a non-compete agreement. Please feel free to contact us.
June 2024
