Non-competition clause


Questioner

I have an employment contract for an indefinite period for 80 hours per month. The following is included in my employment contract: 'Non-competition clause, the employee is not permitted to enter into another employment contract with real estate agencies within a radius of 10 kilometers from Bergen NH at the same time as this employment contract.' Can I conclude from this that I can enter into a new employment contract with an office within 10 kilometers of Bergen NH after resigning from my current job?

Lawyer

If your contract does not contain any further provisions regarding possible competition after the employment relationship (or with relations from the current company), then this article appears to specifically refer to concurrent work. By the way, linguistically, there is some doubt about what 'to enter into simultaneously with this employment contract' means. Are you not allowed to enter into another employment contract while you are still working for this employer? In that case, it would theoretically be possible to resign and enter into another employment contract after the last working day. That does not seem to me to be the intention either. A judge will always look at the wording and what can be inferred from the provision. This provision seems to be intended to prevent simultaneous work and does not seem to be intended to restrict you from working within 10km of your current position. Please feel free to contact me if you have any questions.

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