Can an employer require me to sign an anti-solicitation clause when terminating an employment contract?

Questioner

On May 10, 2022, I announced by telephone to my current employer (employment agency) that I was terminating my employment contract for account manager in connection with accepting a new job. I accepted a job with one of my clients (healthcare institution). My current employer indicated, among other things, that they regretted my decision to leave, but immediately indicated that this was in conflict with the non-competition clause. At the same time, she verbally stated that she would not make a fuss about this because I also worked there 15 years ago. Subsequently, upon request, I terminated the contract by email on May 23, of which I have not yet received confirmation, taking into account the notice period. On June 10, I was confronted with a letter in which it was again stated that I have a relationship clause. It was added that I must sign an anti-recruitment clause because in my new position I will also be doing recruitment and selection to some extent. What should I do? I am told not to sign from various angles. My employment contract states that I am not allowed to work for a relationship within 1 year due to the relationship clause. The letter is to the effect that they will let me go on condition that I sign the contract.

Lawyer

If you have not yet signed an anti-solicitation clause, you are not obliged to do so. Not during the term of an employment contract and also not at the time of termination thereof or afterwards.