When is an article in an employment contract considered a non-competition clause?

Questioner

I want to start working as an engineer with a new employer soon. The employment contract (for a fixed period) contains a clause about the services provided. During the term of the employment contract and up to one year thereafter, I must report in writing to the (former) employer 'all services provided that [...] could lead to the creation of industrial and intellectual property rights'. The rights for these services then accrue to the employer. I think this is a very broad clause that could possibly get in my way with a subsequent employer. Another paragraph of the relevant article states that the employer will decide whether these performances are related to the employer's activities. If not, the employee will have free disposal of the rights. The employer has 6 months to make a decision on this. This sounds to me like a form of non-competition clause. However, the word 'non-competition clause' is not literally mentioned anywhere in the employment contract. This should not be the case, since it concerns a fixed-term employment contract. This raises two questions for me: - Is the clause as described in the first paragraph too broadly worded? - Is this article considered a non-competition clause despite the fact that it is not called that?

Lawyer

As you yourself indicate, a non-competition clause in a fixed-term employment contract is not permitted. It is important to read the aforementioned article in conjunction with the rest in order to be fully informed about the purpose of this article and how it should be read (legally). You can contact us (without obligation) via boksjuristen.nl