The non-compete clause
The non-compete clause must have been agreed in writing with an adult employee. Therefore, as long as these conditions are met, the non-compete clause is therefore valid in principle and the parties are bound by them. A fixed-term employment contract may not include a non-compete clause unless the employer has stated in writing that the non-compete clause is necessary because of serious business or service interests at the time when the contract of employment is entered into and at the time when the employer is invoking the non-compete clause.
Otherwise, the law does not restrict, for example, the duration of the term of operation, the scope of the prohibited work or the geographical scope. If the employer and employee cannot reach an agreement on this, a court action is therefore necessary for an employee who is unfairly disadvantaged by the clause.
Win advice in
We can advise you on a tailor-made text for an agreed competition or relationship clause and, on the basis of the current state of case law, advise you on the fulfilment or (partial) destruction of an already agreed clause or on unlawful competition if you have not agreed a non-compete clause.