Legal advice on non-competition clauses | Legal advice centre

Questioner

My non-competition clause makes it impossible for me to start working for a new employer. This also means that I cannot accept suitable work in the context of the WW. What takes precedence over a WW application obligation or a non-competition clause?

Lawyer

Is the clause so narrowly worded that there is no possibility of finding work elsewhere? That sounds unreasonable. It is important to recognize exactly which interests your employer wants to protect.

Lawyer

In certain cases, you can request suspension of an agreed non-competition clause through summary proceedings. The judge will make a provision in the event that the non-competition clause is unreasonable. You can also claim compensation from the employer in certain cases if the non-competition clause remains in place. There is also the option to consult further with your former employer in order to attempt to convert the agreed non-competition clause into a relationship clause. I am happy to help you.

Lawyer

Dear, Non-competition clauses are often formulated too strictly by the employer. You must always follow your obligations imposed by the WW. It cannot be that your non-competition clause stands in the way of your legal obligation. I advise you to take a practical approach. Comply with your WW obligations. May I ask what kind of profession you have (in other words: what profession would you almost not be allowed to practice anymore?)

Lawyer

Beware! Suitable work according to the UWV does not necessarily mean that this is your old profession. As for the non-competition clause: if no region and/or time period is mentioned here, you can already assume that it is unreasonably onerous. Depending on the function, 50 km and 6 months would be a reasonable region/term. Are you losing income because your employer holds you to the agreement? Then the employer must compensate this damage! Especially when the contract was terminated at the initiative of the employer, you are in a strong position.

Lawyer

Your question covers several points that need to be discussed. First of all, there is the question of whether your employer is adhering to your non-competition clause and whether this has already been discussed. The next question is what is the scope of the clause. Is there a geographical limitation, or is there another wording? What many people call a non-competition clause is in fact a relationship clause. In addition, it is important to know what your employer's interest is in adhering to the non-competition clause and how much it restricts you. There are options to challenge a non-competition clause through consultation or the subdistrict court. Another option is to claim compensation from your employer. The law offers that possibility. If you have any questions, please feel free to contact me.