How do I handle my contract termination…

Questioner

I have been working for 14 years at a company in the import/export business as a buyer. This company imports everything in the non-food field under private labels and customized for companies throughout Europe (and supplies a lot to large chains in the retail). Now I have received an offer from another company that also imports but mainly supplies to DIY stores. They actually supply mostly products that my current employer does little to nothing in. Except for the multimedia category where this other company has grown enormously in recent years and also supplies a lot. By the way, I was not approached for this category but for the Electra category, which actually consists largely of other products than my current employer (consumer electronics). There is now a non-competition clause in my contract stating that it is forbidden to establish, operate, etc., etc. any business, the same, similar or related in any form within a radius of 50 km. This contract is from 1-5-2008 and states that I am entering service as a junior purchaser. After that I have not signed a new contract but have been working as a purchaser for years. I have an offer of almost 1000 euros more + a car that I don't have now. I would like your advice on whether or not they can hold me to the non-compete clause.

Lawyer

I advise you to have the clause checked by an employment lawyer. Various questions will have to be answered on the basis of the clause: is it legally valid (also in view of the possible increase in function that has occurred) and would you possibly violate it if you were to enter into employment with the new employer (?). If there is a legally valid clause with the chance that it would be violated, then you do have some legal options. For example, in certain cases, a procedure could be initiated at the subdistrict court in which (partial) annulment is requested. This is often combined with summary proceedings (due to the urgent nature).