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

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

2 August 2023

Daylight robbery

People have been working from home en masse since the corona pandemic and, contrary to the expectations of some labour market experts, there seems to be no change in this trend. This is hardly surprising as working from home can have benefits for both employers and employees.

Read more

Read more about
The non-compete clause is there something you can do

26 June 2023

The non-compete clause: is there something you can do?

Most permanent employment contracts include a non-compete clause. This clause determines that you are not allowed to work for a competing company for a certain period of time within a certain region.

Read more

Read more about
Performance Improvement Plan

19 June 2023

Performance Improvement Plan: 5 key points to consider

Termination of the employment agreement due to unsatisfactory performance is possible under Dutch employment law.

Read more

Read more about
A damaged working relationship

9 June 2023

A damaged working relationship

It can happen in the best of organisations: an employee and a manager cannot get along. Tensions in the workplace can escalate quickly, negatively affecting the working atmosphere within the department.

Read more

Read more about
Working from home right or privilege

24 April 2023

Working from home: right or privilege?

Before the Pandemic, working from home was not facilitated by all employers. During the Pandemic, we proved altogether that (long-term) working from home and/or working at a different location than the office can work very well.

Read more

Read more about