Non-compete clause: Is it valid? Get free advice!
Questioner
Non-competition clause valid? My boss is losing an object to another security company. This company may want to hire me or hire me as a self-employed person. Unfortunately, my contract states that I have to pay a fine of 12,000 euros per violation if I go to work for a company that works where I have previously worked. Is this valid?Lawyer
As of 1 January 2015, a non-competition clause may only be included in a permanent contract. This is no longer permitted in a fixed-term employment contract. There is an exception to this. It therefore also depends on the type of contract you have and what exactly is at issue.Questioner
I have a permanent contract, so if you want to work you will unfortunately be punished, my age also plays a role (50 years). The following is also in my contract. For one year after termination of employment - regardless of the manner on which and the reason why the employment relationship ended - is it not permitted in any way without prior permission from the employer manner, directly or indirectly, whether or not honored, to establish business contacts maintain/fulfill with relations/clients of the employer or its affiliates companies, to the extent that the contact has any relation to the employer developed business activities. The employer's relations and clients are included means all organizations and persons with whom in the year preceding the a business relationship has been maintained with the employee at the end of the employment contract. Violation of the provisions of Articles 8 and 9 will result in the employee being liable to the employer forfeit an immediately payable fine of € 12,000.00 per violation and of € 1000.00 for each day that the violation continues, without prejudice to the rights of the employer under the law or this agreement, such as, but not limited to: to demand an injunction and full compensation instead of a fine, as well as to proceed to immediate termination of the employment relationship.Lawyer
In this case the employer has a good point, You can contest this if you wish, but you will have to go to court. Unless you can make arrangements with your employer.Neem de volgende stap
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