Can I work for a competitor if there is a non-competition clause?

Questioner

The company where I work is being taken over, I do not want to go along with this takeover. A competing company has offered me a job, can I go there? I have a non-competition clause in my contract. This states that I may not accept any assignments or perform any work for companies and relations that are considered to be direct relations and customers of the employer at the time of termination, within one year, regardless of whose initiative the contact is made. It also states that I may not approach or recruit direct relations or customers with the intention of entering into an agreement with them directly or indirectly in the exercise of a profession or business. I understand that I am not allowed to approach my current clients (however, I do not have a non-compete clause), but am I allowed to work for the competitor?

Lawyer

If you do not have a non-compete clause, you are allowed (in most cases) to work for the competitor. Judges judge relationship and competition clauses very strictly by the words in the contract. If your contract does not state that you may not work for competitors, then the consequence is that you may. This might be different if the competitor is a current relationship of the company. Please feel free to contact me through my profile if you have any questions. You can find some more information about non-competition clauses via the link below, if you are interested. https://www.uygulvandam.nl/eerste-hulp-bij-een-concurrentiebeding/