Legal assistance with relationship clauses

Questioner

I am working on a new employment contract and am confronted with a non-solicitation clause. Now I thought that this was not allowed in a fixed-term contract, but in BW 7 article 653 paragraph 2 it states that it is, if the written motivation of the employer included in that clause shows that the clause is necessary due to important business or service interests. In my opinion, the motivation in the text below from the contract is not substantiated, how hard is this? ARTICLE 11 – Non-competition clause

Lawyer

In the case of a fixed-term employment contract, there is a chance that the aforementioned non-competition clause (a relationship clause is a form of non-competition clause) is null and void if there is no further written motivation for the non-competition clause. In other words, the employer cannot ultimately derive any rights from it. If it were not null and void, you could possibly have it annulled in a procedure, because the motivation is very likely not sufficiently strong. After all, it is not made clear at all what those weighty business interests consist of (which would make a non-competition clause necessary). Incidentally, the best thing from your perspective would be not to sign a non-competition clause at all.