Non-competition clause and transfer to a new employer


Questioner

Good evening, I may want to switch to another employer. My current employer is a painting and property maintenance company. My potential new employer is a construction and installation engineering consultancy/project management agency focused on sustainable construction, 20 km away. In my opinion, absolutely no competitors or anything like that and completely different in terms of core business. However, I have a non-competition clause in my permanent contract, which reads as follows: The employee is prohibited, without the prior written consent of the employer, within a radius of 50 km around Roermond, for 1 year after the end of the agreement, directly or indirectly, for himself or for others, for payment or free of charge, in any form whatsoever, to be employed in or for, or to be involved in, have a (financial) interest in any company or partnership, and to the extent that this partnership is engaged in activities that are related to or competitive with those of the employer. Can the above-mentioned relationship clause hinder the transition?

Lawyer

The non-competition clause stipulates that it must concern a related or competing company. I do not quickly conclude that from your explanation, so that this does not have to be an obstacle to the transition. For information or further assistance, you can contact me directly without obligation.

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