Does your non-compete clause still apply after dismissal?
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Detailed explanation, checklist and sources
A non-compete or non-solicitation clause may restrict your move to another job, but it is not valid or fully enforceable in every situation. The wording, type of contract and interests of both parties are important.
General information about Dutch law · Review date not recorded · How we work
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Permanent or fixed-term contract
In principle, a non-compete clause is not permitted in a fixed-term contract, unless the employer specifically explains in the contract why compelling business or service interests make the clause necessary.
Written agreement
Check which version you signed, which area and activities are covered by the clause, how long it applies and what penalty has been agreed.
Have it waived in the settlement agreement
When negotiating a settlement agreement, you can explicitly agree that non-compete, non-solicitation and penalty clauses will lapse in whole or in part.
Your checklist
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Signed employment contract and subsequent amendments
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Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.
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0 / 5 · Checked or collected
For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.
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After your conversation
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Clear entries
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- Signed employment contract and subsequent amendments
- Permanent or fixed-term contract
- Specific justification in a fixed-term contract
- Duration, geographical area and prohibited work
- Penalty clause and the employer's written consent
Frequently asked questions
Can a court restrict a non-compete clause?
In certain circumstances, a court may annul or restrict a clause in whole or in part if the employee is unfairly disadvantaged compared with the employer's interest to be protected.
Are announced new rules already in force?
Not every legislative proposal is already applicable law. Check the current effective date; this page bases its core information on the current information from the Dutch government.