Non-Compete and Non-Solicitation Clauses in Westland
A non-compete clause prevents an employee from working for a competing company after the termination of their employment contract.
Conditions for a Non-Compete Clause
- Must be established in writing
- Only valid with an adult employee
- For fixed-term contracts: 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 clearly states in writing why it is essential for the business.
What Does a Non-Solicitation Clause Entail?
A non-solicitation clause restricts the employee from maintaining contact with the employer’s clients or business relations after departure. This is often less stringent than a non-compete clause.
Possible Nullification by the Court
A court may declare a non-compete clause invalid or modify it if:
- The employee is unfairly affected
- The clause is too broad or unclear
- The business interest is no longer relevant
Penalty Clause for Violation
A penalty is often attached to the violation of a non-compete clause. However, a court may reduce this penalty if it is disproportionate.
Expiry Due to Wrongful Termination
If the employer acts seriously negligent or culpable in the dismissal, the non-compete clause may expire.
Legal basis: Article 7:653 of the Dutch Civil Code (BW)
Local Information for Westland
For legal support in Westland, you can turn to the Legal Counter Westland (Juridisch Loket Westland). Disputes regarding non-compete and non-solicitation clauses fall under the jurisdiction of the District Court of The Hague (Rechtbank Den Haag).
Frequently Asked Questions about Employment Law
Can I work for a competitor immediately after dismissal?
This depends on the content of your non-compete clause. If the clause is valid, it may restrict you. Seek legal advice from the Legal Counter Westland.
Can a non-solicitation clause completely restrict me?
No, a non-solicitation clause is often more specific and less restrictive than a non-compete clause. It usually applies only to certain clients or business relations.
What if my employer wrongfully dismisses me?
In cases of seriously culpable conduct by the employer, a non-compete clause may become invalid. Contact a lawyer through the District Court of The Hague.
Can I challenge a penalty?
Yes, if the penalty is unreasonably high, a court may adjust it. Seek advice from the Legal Counter Westland.
What are my rights under a fixed-term contract?
A non-compete clause in a fixed-term contract is only valid if the employer demonstrates compelling reasons. Have this legally reviewed if necessary.