Working for one more employer? The non-compete clause defined

Most everlasting employment contracts within the Netherlands embody a non-compete clause. This clause determines that you’re not allowed to work for a competing firm for a sure time frame inside a sure area. Roos van Zaltbommel from GMW Legal professionals breaks down this a part of your work contract on this article.

The wording of a non-compete clause is usually very broad. This implies there’s a excessive probability {that a} non-compete clause might be an issue while you wish to apply for a job with a brand new employer, particularly if you happen to work in a small and specialised business.

The contents beneath will clarify what you are able to do if you wish to work for one more employer that falls beneath the scope of your non-compete.

Is the clause legally legitimate?

Dutch legislation lists the necessities {that a} non-compete clause should meet to be legally legitimate: it should be in writing and the worker should be over the age of 18.

Authorized motion

It’s potential to take authorized motion and ask the courtroom to terminate the non-compete clause. The courtroom can then dismiss the non-compete and set it apart fully or partially. Within the case of partial termination, for instance, the time period for which the non-competition settlement was agreed upon may be shortened.

The decide will decide whether or not you may be held to the non-compete clause. The courtroom will assess whether or not you’d be unfairly deprived by the non-competition clause in relation to your employer’s curiosity to be protected.

The retention of staff might not in itself be a part of your employers’ curiosity to be protected. The non-compete clause is designed to guard the employer’s enterprise property from impairments. The mere undeniable fact that an worker goes to a competitor doesn’t routinely imply that enterprise property are additionally affected.

When figuring out whether or not the non-compete clauses needs to be (partly) waived, the decide weighs the pursuits of you and your employer. The decide will have a look at all of the circumstances of the state of affairs, for instance:

• The diploma of attachment to the business
• The potential of a place enchancment for you
• Your private circumstances (household / dwelling situations / affiliation to area)
• The investments that your employer has made in you
• The query of who initiated the termination
• Whether or not your new place includes a variety of competition-sensitive information

Moreover this, the decide additionally appears at how broadly the non-compete clause is worded. Within the case of a really broadly worded non-competition clause, the decide will extra shortly rule that it should be annulled.

Discuss to your employer

The perfect recommendation is to not violate the non-compete clause with out your employer’s consent. Particularly contemplating that there’s in all probability a penalty clause relevant. And do observe that the penalty is due as quickly as you breach the non-compete.

It’s good to speak to your employer first. In apply, it’s usually greatest to see that an employer is keen to (partly) waive the clause. You possibly can then additionally seek advice from your pursuits. If this doesn’t work, you may begin courtroom proceedings and ask a decide to waive the non-compete clause.

Do you want authorized recommendation concerning your employment within the Netherlands? GMW Legal professionals are consultants in aiding expats with understanding Dutch legislation. Contact their workforce of consultants by calling +31 (0)70 2171935 or emailing [email protected].