Is non-competition clause valid?

Questioner

I entered into employment on 1-6-2020, I was given a one-year contract. Then I was given a permanent contract without having signed it or ever seen the contract. The one-year contract that I did sign does indeed contain a non-competition clause, but I don't know if it is also in the permanent contract that I didn't sign. Now I want to work for another company and that is therefore seen as a competitor by my current employer, but the company where I want to work does not see my current employer as a competitor. I will not be performing the same work and I will be moving towards a completely different branch of work.

Lawyer

A non-competition clause may not be unreasonable and often the company must also have an interest in it. The non-competition clause is often included in an employment contract as standard nowadays and that is not what it is intended for. In your case, there is also the fact that a non-competition clause may not be included in a temporary contract in principle (only in certain exceptional cases). If you have not signed another contract, the question is whether a non-competition clause applies at all. In addition, you are going to perform other activities and you are therefore not going to use specific business knowledge or compete in terms of activities. Ultimately, it all depends on the exact circumstances of the case, but based on current information, the situation appears to be in your favor. Please feel free to contact me via my profile if you have any questions or wish to discuss the matter.