An employment contract will often include a non-competition clause.
This clause means that you will not be able to work for a company that competes with your employer’s company for a certain length of time after the employment contract has ended. The clause may include specific time frames and/or geographical limits.
Once you have signed an employment contract, the non-competition clause is generally valid – but not always. For various reasons this clause can be at least partly invalid.
If you have a temporary employment contract, then non-competition and client relations clauses are not permitted – unless the employer can explicitly explain, in writing and for each position, the need for such a clause due to urgent business or service interests. If such an explanation is lacking, the clause is null and void.
No matter your situation, do not violate your non-competition or client relations clauses. Doing so will incur heavy penalties. Instead, try to negotiate these clauses upfront, or seek legal advice on your options.
GMW lawyers advises both employers and employees on non-competition clauses.
If you are unsure about whether your existing non-competition clause is valid, or if it is preventing you from accessing reasonable work opportunities, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our employment lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.
Do you have a question? Please feel free to contact us.
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