Terminate employment contract

Questioner

I recently signed an employment contract with an article on non-competition clause. It states that I may not perform similar work for 2 years after the end of the employment relationship. To what extent is this legally permitted? And I am still in my probationary period, is it still possible to terminate the contract completely, including the non-competition clause article?

Lawyer

An employer may include a non-competition clause in a temporary contract if he has compelling reasons to do so, for example certain knowledge that would otherwise go to a competitor. In a permanent contract, an employer may include a non-competition clause in any case if the employer himself considers this necessary.

Questioner

But is it still possible to dissolve it? The reason for this is because I want to start as an independent contractor and eventually hire my own staff. But then I also kind of second the people. Then I could get into trouble with them.

Lawyer

You can have your contract terminated, but once you have signed a non-compete clause, you can also be held to this article if you want to be self-employed. My advice would be to talk to your employer and try to delete this article with mutual consent. If you terminate it and your employer later discovers that this rule has been violated without your permission, he can start a lawsuit and recover a fine from you.

Questioner

Ok thank you for this clear answer. Complete dissolution within the trial period is therefore not possible? How can I put this in black and white to delete?