Non-competition clause for your own company?

Questioner

I am currently working as an account manager at a company that manufactures and installs dormers and installs windows and doors. As of November 1st, I will start with my brother (vof). My work will consist of carpentry, electrical work and related work. I may collaborate with other companies so that we can do some more great work. I dutifully submitted my letter of resignation and had a nice closing conversation with my employer, who indicated that he supported me in my decision. I have stated that I will keep it confidential, that I will respect the company, because I have enjoyed it very much, but that I would now like to follow my dream. Now I have received a confirmation from my employer, including a non-competition clause mentioned again. 'With your resignation, I would like to point out articles 11, 12 and 13 of your employment contract, which deal with secondary activities, confidentiality and competition. Last Friday we discussed the sensitivity that exists in relation to competitors from the region. Due to weighty interests, you are not permitted to continue activities, directly or indirectly, that are similar to the activities of NAAM. This applies for a period of 6 months.' Article 13 states: 'The employee is not permitted - without the prior written consent of the employer - to be employed in any form after termination of the employment contract or to be directly or indirectly involved in activities that are the same or similar to the activities of the employer or its affiliated companies. This prohibition applies for a period of 6 months.' So now my question is: If we do carpentry work, either for ourselves or on behalf of another company, to what extent can my ex-employer make this difficult for me? I mean, a ban on activities that you specialize in is not realistic, right? There is also a shortage in the construction sector, so I don't expect to be in each other's way at all. Now it seems to me that I am not 'allowed' to do anything for half a year. Out of respect, which seems very logical to me, I will not have any contact with my employer's customers. But once I build my own client base, I'm not competing with him, am I? Or am I perhaps wrong about that? It's all really new to me and I'm really looking forward to it. But I would like to know what my rights are in this regard.

Lawyer

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