What is a non-competition clause ("concurrentiebeding")?
Article ID: 336 | Last Updated: Sun, Feb 17, 2013 at 7:56 PM
An employment contract may contain a non-competition clause. What is a non-competion clause or "concurrentiebeding"?
Restriction to work in a comparable job or for competitors
After termination of the employment contract the employee may be restricted in accepting comparable jobs or employment in enterprises within a certain distance from the previous place of work. This is the so-called ‘non-competition clause’. The clause can only be agreed upon in writing and with a person of 18 years or older. A non-competition clause is usually effective for a period of one year after the termination of the employment agreement but also a different period can be agreed. Parties may agree that a penalty must be paid in case of non-compliance.
A non-competition clause must be carefully phrased. If the employee should request so, the court of justice may limit the scope of the clause or set the clause aside if it is of the opinion that the employee is disproportionately restricted in his re-employment. The court may also mitigate
(possible) penalties for non-compliance by the employee. In addition, the court may fix a compensation payable to the employee if the former employer wishes to enforce the clause.