Restriction of competition clause in contract?

Questioner

I want to change jobs. My current employer is a company with many activities in my sector (machine supplier for the semiconductor industry). When I signed the employment contract, I included that the non-competition clause only applies to the activities of the business unit I work for (wafer separation technology and plasma etching technology) and not to the other activities of the parent company. I now want to transfer to another company that is a competitor for other departments of my current employer. In the paragraph below of my contract I thought I had it set up correctly but I now doubt whether the last part of the paragraph opens up space. let that I cannot work for a company whose activities are the same as those of my current employer with all its different activities. I have copied the relevant paragraph below. I hope you can clarify whether this is a limitation or not. 12.1 Without the prior written approval of Employer, both during the employment agreement and during a period of twelve (12) months after termination of the employment agreement, Employee shall not be involved in The Netherlands, United Kingdom, Ireland, Germany, Belgium, Switzerland , Scandinavia, China, Hong Kong, Japan, Singapore, Malaysia, South Korea, Taiwan, Canada or the USA, whether financially or in any other way, or participate in the incorporation or the conduct of business of any company, the activities of which are identical with, similar to or related to the activities carried out within Employer and its affiliates, related to wafer separation technology and plasma etching technology, whether against a compensation or not, nor will Employee be employed by a company the activities of which are identical with, similar to or related to the activities carried out within Employer and its affiliates or work for such a company in any other way, whether against compensation or not.

Lawyer

In a temporary contract, it is normally not permitted to include a non-competition clause, unless there are compelling business or service interests. If the employer can demonstrate that such interests are present, a non-competition clause can be included in the contract. However, the contract must contain a clear motivation as to why these interests are considered compelling. Without this motivation, the non-competition clause is not legally valid. If you have any other questions, please contact me at info@dutchlawadvice.com Yours sincerely, Shamina Balaydin