Questions about temporary contracts and non-competition clauses?

Questioner

At the moment I have a one-year contract with my employer which expires at the end of September. The agreement was that there would be a permanent contract, the employer has now gone back on this and has proposed to provide another one-year contract. This is diametrically opposed to our agreement: I would like to switch to another employer, but in the current contract I am bound by a competition and relationship clause. mid this year the law was amended on this matter and now excludes that these types of clauses are not valid for temporary contracts. it is not valid for existing contracts but it is valid for new ones. If I sign the new temporary contract now, will it also fall under the new scheme?

Lawyer

The new law applies to the new contract. In the case of a temporary contract, a non-competition clause may indeed not apply. However, the law makes an exception. The employer must then motivate that in his case the non-competition clause is necessary on the grounds of important business interests. The burden of proof lies with the employer. He will probably not succeed in this quickly. Based on your information, I advise you to sign the new contract. If there is an interim termination clause, you can look for other work from that job. If you have further questions/problems, I advise you to contact a specialized labor law attorney. This issue is too complex for a generalist.