Switching to another company

Questioner

What about the fact that I am going to work as a chef for another business together with a colleague of mine. He would like to come with me. now there is something in our contract about non-competition clause. only this is indicated in the contract that this case relates to the geographical area municipality Peel en Maas. the company where I am going to work is located in another municipality. is this case still in effect or can my colleague transfer with me? I also have a question whether we as employees are seen as a business relationship or is this only for companies with which my current employer has a business relationship such as suppliers and the like that are invoiced? in short the question. can we transfer together to another employer in another municipality without having any problems. if it is easier to get a copy of the contract part I can submit it to you. thank you kindly.

Lawyer

A (non-)competition clause is always interpreted in a limited and strict linguistic manner. If your contract states that this only applies to a specific city/town, then the non-compete clause is limited to that city and you would therefore even be allowed to perform competing work in the neighboring town. (See decision: https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBGRO:2011:BR3111 for an example). Regarding your second question, it seems like there is a relationship clause in your contract? To answer that, I would indeed need to know what exactly is in your contract. You can contact me without obligation via my profile to discuss the case and your questions.