{"product_id":"vragen-79751-is-mijn-concurrentiebeding-rechtsgeldig","title":"Is my non-compete clause legally valid?","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n In December 2016 I started with my current employer with a temporary contract which became a permanent position in August 2017 (Technical Consultant). In January 2017 a non-competition clause was added to the employment conditions:\n\n 'The Employee is prohibited from entering into employment with, working for, assisting or being involved in a company that is the same, similar or related to that of the Employer within one year after termination of the employment contract. This provision applies if the company as mentioned above in\n \nNetherlands. For this clause it makes no difference whether or not Employee receives compensation for his work and\/or involvement. At the request of Employee, Employer may decide to release Employee in whole or in part from the non-competition clause agreed between the parties.\n\n My permanent appointment contains this rule: 'The conditions under which your employment contract is continued remain unchanged. The employment conditions of which you receive a copy with this letter also apply to your new employment contract'.\n \nI can no longer remember whether I received that copy (at least not by email) and the rule in the appointment can be interpreted in various ways. Now things are really messed up at my current employer and I would very much like to switch to another company, which is in the same market (consultancy on the same platform as my current employer). To what extent is it useful to object to the non-competition clause (if it ends up in court), given the above? I find the sentence structure vague, but the penalty clause is such that this should be taken into consideration. Incidentally, I must note that several colleagues have already left, without the non-competition clause being included. However, my (potential) new employer is really a direct competitor on the market, where the other party(ies) have less influence.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThere are a number of requirements for a non-competition clause in an employment contract. The most important is that it must be in writing. Have you received a copy?\n\n A valid non-competition clause may not have too severe consequences for someone.\n\n You can request a judge to undo or adjust the non-competition clause. For example, if you can no longer find work in the Netherlands without a good reason. It can also be a factor whether the employer is to blame for the situation. If it all becomes very messy, making it logical for you to look for another job, a judge can take that into account in the balancing of interests.\n\n You can also ask your employer for permission in advance. If you get permission, the employer cannot simply go back on it. This way, you may know in advance where you stand.\n\n Please feel free to contact me via my profile if you have any questions or require legal assistance.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55002706903389,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-79751-is-mijn-concurrentiebeding-rechtsgeldig","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}