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The federal government needs workers to have the ability to begin working for a competitor extra simply on the finish of their job. Minister Karien van Gennip (Employment, CDA) writes in a letter to the Home of Representatives on Friday that the present non-competition clauses aren’t justified and that this makes it much less straightforward for workers to alter jobs, which hinders the movement on the labor market. Van Gennip needs to have a invoice prepared by the tip of this yr and to have residents and organizations touch upon it first. The proposal then goes to the Home of Representatives.
A report by analysis company Panteia exhibits that an estimated 3.1 million within the Netherlands are affected by a non-competition clause. As well as, it has been discovered that such provisions are sometimes commonplace in an employment contract, usually with out good purpose. Van Gennip subsequently argues that solely the safety of commerce secrets and techniques or enterprise relationships are good causes for a non-competition clause.
Learn additionally: Working for the competitor? That simply is not potential
The federal government now needs readability prematurely about when an employer might embrace a non-competition clause within the contract with the worker. Van Gennip has subsequently proposed quite a few amendments that haven’t but been elaborated. For instance, it have to be clear how lengthy the non-competition clause applies and it have to be geographically demarcated. The latter implies that somebody who beforehand labored in Groningen, for instance, after which needs to start out working in Limburg can achieve this instantly.
As well as, when forgiving a everlasting contract, the employer should have the ability to clearly clarify why a non-competition clause is important. This already applies to momentary contracts. Lastly, the employer should pay a compensation to a departing worker, if the stipulation nonetheless applies on departure. This legally decided share of the last-earned wage ought to be sure that employers consider carefully earlier than together with the non-competition clause in a contract.
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