Can an employer demand this and what are the consequences for me?

Questioner

I would like to apply for a job at a similar company but for a different or similar position than the one I have now. This is what it says in my contract: You will gain knowledge from us that a potential new employer in the same sector could benefit from. Given the current economic crisis and the close competition, the employee is therefore prohibited, without the prior written permission of the employer, both during the employment and for 2 years after termination thereof, in the Netherlands, directly or indirectly, to enter into employment with, or in any way perform work or have an interest in a business/enterprise that is the same, similar or related to that of the employer.

Lawyer

First of all, it is important to know what kind of function you have and whether you have a permanent contract or a temporary contract. A temporary contract may not simply include a non-competition clause. A non-competition clause can be included in a permanent contract, but such a clause can be unreasonable if you are inconvenienced too much by it. If your employer does not give permission, you can request the court to (partially) annul the clause. Your contract does contain a very far-reaching non-competition clause. It concerns the whole of the Netherlands, directly, indirectly and/or similar companies. That could mean that you can hardly work anywhere else. Please feel free to contact me via my profile if you have any questions or to discuss the circumstances of your case.