Non-Compete Clause and Relationship Clause in Zoetermeer
A non-compete clause prevents an employee from taking a job with a competing company after the employment relationship ends.
Conditions for a Non-Compete Clause
- Must be recorded in writing
- Only valid with an adult employee
- For a fixed-term contract: necessity of compelling business reasons
Non-Compete Clause in Fixed-Term Contracts
Since 2015, a non-compete clause in a fixed-term contract is only permitted if the employer demonstrates in writing that crucial business interests are at stake.
Relationship Clause Explained
A relationship clause restricts contact with customers or relations of the employer after termination of the contract. This is generally less intrusive than a non-compete clause.
Possible Annulment by the Court
A court may declare a non-compete clause invalid or amend it if:
- The employee is disproportionately harmed
- The clause is too broad or unclear
- The business interest is no longer compelling
Penalty Clause for Breach
A penalty is often linked to breaching a non-compete clause. However, a court may reduce this penalty if it is unreasonable.
Lapse in Case of Attributable Conduct by Employer
If the employer acts seriously negligent or culpably, the non-compete clause may lapse.
Statutory basis: Article 7:653 DCC
Legal Assistance in Zoetermeer
For advice on non-compete and relationship clauses, you can go to the Juridisch Loket Zoetermeer. In addition, the Rechtbank Den Haag handles cases in this district.
Frequently Asked Questions about Employment Law
What are my rights under a non-compete clause?
A non-compete clause must meet strict statutory requirements. If the clause is unreasonable, you can ask a court to annul it.
Can a relationship clause be challenged?
Yes, if the clause is too restrictive or not properly recorded, a court can declare it invalid.
What happens in case of breach of a clause?
In case of breach, a penalty may be imposed, but it can be moderated by a court.
Where can I get legal assistance in Zoetermeer?
The Juridisch Loket Zoetermeer offers free advice. For court cases, you can go to the Rechtbank Den Haag.
What if my employer terminates the contract unjustly?
In case of unjust termination or attributable conduct by the employer, a non-compete clause may lapse.