The non-compete clause in your employment contract in The Netherlands

Nowadays, many employment contracts contain a non-compete clause included. This makes it more difficult for an employee to transfer to another job. While an employer has a great interest in a non-compete clause, it is very restrictive for you as an employee. For example, you may feel compelled to stay with your current employer because the clause makes it virtually impossible for you to find a new job. Nevertheless, the right to free labor is a fundamental right, which means that your employer must be reasonable in what he forbids you. Your employer may therefore prevent you from transferring your knowledge and experience to his direct competitors by means of a non-compete clause, but he must not make it impossible for you to find other work. In many cases this means that you end up in a somewhat gray area, especially when the provisions in question are not clearly defined.This can lead to a lot of confusion about which rights and obligations you can derive from the clause.

Pre-specify

Because the consequences of a non-compete clause can be quite far-reaching, it is strongly recommended that you familiarize yourself with the content of the clause before you sign the employment contract with your new employer. This way you avoid surprises in the future. But what exactly should you pay attention to and on what points could you perhaps negotiate with your employer? Our expert lawyers will be happy to advise you on this. A non-compete clause in which the provisions are clearly defined is clear to both parties and prevents misunderstandings. For example, what type of activities or companies are covered by the agreements in the clause? The clearer this is, the better you know where you stand. And that is not only pleasant for employees who start working in paid employment,but it is also of great importance for independent entrepreneurs who start working through a contract agreement. After all, when your assignment has been completed, you would like to be able to work for a new client. It is therefore strongly recommended that you gain a good insight in advance into the consequences of the non-non-compete clause that you agree with the client.

Another employer

If your employment contract with your employer is terminated and you start looking for a new employer, the agreements from the non-compete clause come into effect at that time. It is important that you clearly understand what restrictions apply and what the consequences are if you violate the clause. It can cost you dearly if you switch to another employer and it turns out afterwards that this was not allowed on the basis of the non-compete clause Before you accept a new job, it is therefore recommended to have your ex-employer’s non-compete clause assessed by an expert lawyer. Any ambiguities can then be cleared up, so that you know what is and what is not allowed in your search for a new employer. You can therefore easily upload your contract with us,so that our lawyers can professionally assess your clause and give you clear advice.

Specialism in employment contracts

Non-compete clause is a profession in its own right. For many employees, the non-compete clause is something they don’t pay special attention to and when it does, the question often arises as to what exactly you should pay attention to. In addition, employment law is always evolving and it is important to have up-to-date knowledge. For example, since 2015, a temporary contract may in principle no longer contain a non-competition clause, although there are exceptions to this. But if you do not know whether the clause in your contract is legally valid, it may happen that you wrongly adhere to the agreements and thus unnecessarily restrict your freedom in your job search. In some cases, you also stand a good chance of having the clause moderated in court, so that you have fewer restrictions in finding a job.In order to be able to provide expert advice in these kinds of situations, our lawyers are specialized in employee competition. This means that we have extensive, up-to-date knowledge of the facts and that we have a lot of experience in assessing non-compete clauses A non-competition clause may also be included in a settlement agreement. readhere everything about this agreement. Is your employer not paying the final settlement due to a conflict of non-compete clause? How does a wage claim work? or h ulp required in a labor .

Our services

Our services are aimed at making it as easy as possible for you. You can upload your contract with us at any time, so that our employment lawyers can assess your non-compete clause . Of course, your personal situation and all aspects that are important are taken into account. This leads to expert and extensive advice that you will receive in writing from us, so that you can calmly read through our conclusion and any follow-up steps and let it sink in. We formulate our findings in comprehensible and clear language and ensure that you receive tailor-made advice, which you can use to move on. This way you can start a new job without any worries, because you know which agreements you are bound by in the future if you want to switch to another employer.In addition, expert advice can prevent you from making wrong decisions when taking on a new job, while you are still dealing with your ex-employer’s non-compete clause . This prevents high fines. We are also happy to advise and guide you in this regard. For more information, please contact us or upload your employment contract directly.