Non-competition clause explanation for help with legal questions


Questioner

I work in the installation sector and want to start my own business and be partly hired by different companies. In my employment contract, under Non-competition clause, the following is stated. Without the prior written consent of the employer, the employee is prohibited during his employment and for a period of twelve months after termination thereof from being employed or involved in any way in a company that carries out activities similar or related to those of the employer's company and that maintains or will maintain business relationships with suppliers, customers and clients of Company X. Now I have two questions about this: Question 1: My partner and I read the non-compete clause differently. I believe that it says 'I may work for a competitor within 12 months after the end of the contract' but I may not perform activities with customers and suppliers of company X. This is because it says 'AND those business relationships...'. As my partner reads it, I am not allowed to work for a competitor within 12 months after the end of my contract. How should I see this? Question 2: Does the often-heard reason 'improved position' still apply here?

Lawyer

I recommend starting your own business after 12 months. If you want to work for yourself or for a competitor, you have the option to negotiate the wording of the non-competition clause. As for the improvement of the position; you can submit a non-competition clause to the subdistrict court. That is not possible just like that. Paying the penalty is also an option. That also depends on your contract. I have previously advised based on contracts.

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