Non-competition clause and job applications: Legal assistance

Questioner

Dear Lawyer, My situation is as follows: I am currently working for a company. I work here with a fixed-term contract. At the moment I am applying for jobs and I have a second interview scheduled in a few days. This company is a competitor of my current employer. In the past they were partners. My employment contract states that a non-competition clause is added to an open-ended contract. A general personnel guide states that employees may not work for a competitor. Further details about a fixed-term or open-ended contract are not included. In my contract (which does contain the details), I also agreed to the personnel guide. My question is: To what extent can I be legally prosecuted if I switch to a competitor and which of the two rules are leading?

Lawyer

Apparently you do not have a non-compete clause at the moment, because it has been agreed that you will only get one with an open-ended contract. That would mean that you are free to enter into employment with the competitor.