Non-competition clause

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.

Validity of non-competition clauses

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.

Do not violate your non-competition clause

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.

Help with 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.

More employment law related topics >

Lawyers

Amber Willemsen

Amber Willemsen

Read more about this lawyer
Godelijn Boonman

Godelijn Boonman

Read more about this lawyer
Prof. Hans van Meerten

Prof. Hans van Meerten

Read more about this lawyer
Roos van Zaltbommel

Roos van Zaltbommel

Read more about this lawyer

Looking for an employment law lawyer in The Hague?

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.

"*" indicates required fields

newsletter?

You might also like

Summary dismissal: the dismissal letter

19 February 2024

Summary dismissal: the dismissal letter

Shortly before the summer holidays, the Supreme Court delivered two rulings on summary dismissal. These refer to the urgent reason notice requirement in the dismissal letter and the claim for compensation from an employee who is summarily dismissed.

Read more

Read more about

12 February 2024

Webinar ‘Employment law for HR professionals: update 2024’

Need a quick update on the latest developments in employment law? Amber Willemsen and Seliz Demirci will give a webinar 'Employment law for HR professionals: update 2024' on 27 February 2024.

Read more

Read more about
Violation of a recommencement of employment condition: what does it cost?

28 January 2024

Violation of a recommencement of employment condition: what does it cost?

Most employers in the Netherlands are aware that the rollout of a restructuring involving compulsory redundancies is bound by the necessary rules.

Read more

Read more about
Prohibition on restrictions and self-employed persons

22 January 2024

Prohibition on restrictions and self-employed persons

The question regularly arises whether a supplier can prohibit the personnel it deploys - agency workers and seconded workers - from being employed by the hirer.

Read more

Read more about
Latest addition to the fundamental right to holidays

17 January 2024

Latest addition to the fundamental right to holidays

It is well-known: ‘Europe’ considers the right to four weeks’ paid holiday to be a fundamental right. For many years, the EU Court of Justice has emphasised this ‘essential principle of social law’ in case law.

Read more

Read more about
Small hearts, big consequences

22 November 2023

Small hearts, big consequences

Since the MeToo movement in 2017, the number of court rulings involving sexually transgressive behaviour has increased exponentially.

Read more

Read more about
Work wherever you want in 2023

20 November 2023

Work wherever you want in 2023?!

The corona pandemic has been behind us for a while now. A period when working from home or elsewhere than in the workplace was the norm.

Read more

Read more about
The new study costs clause

2 October 2023

The new study costs clause

Since 1 August 2022, employers may no longer charge employees for the cost of certain training and education through a study cost clause.

Read more

Read more about
Adaptation of whistleblowers’ scheme to new law

20 September 2023

Adaptation of whistleblowers’ scheme to new law

Adaptation of whistleblowers' scheme to new law; employers will be required to adapt internal whistleblower reporting procedures and whistleblowing employees will have increased protection from measures under employment law.

Read more

Read more about