Competition clause

A non-competition clause is a provision in the employment contract restricting an employee’s freedom to work for another employer or as a self-employed person after the end of the employment contract in the manner described in the non-competition clause.

Fixed-term employment contracts concluded on or after 1 January 2015 can only include a non-competition clause if there are substantial business or service interests that require it. This requires a specific and reasoned description in the employment contract. Mr Otto Lenselink regularly advises employers and employees on relation and non-competition clauses. If the interests require it, legal proceedings are also conducted on these topics. For a ruling by the ’s Hertogenbosch Court of Appeal, in which Mr Lenselink acted as lawyer for one of the parties involved, please refer to the following link: https://deeplink.rechtsrpraak.nl/judgment?id=ECLI:NL:GSHE:2017/47:.

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Legal help with the non-compete clause

Transport law lawyer Otto Lenselink is experienced in the field of labour law and he will gladly provide your transport company or forwarding agent with advice or legal assistance with questions about the non-compete clause. Please therefore contact him without obligation

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