Is the non-competition clause in my contract valid?

Questioner

At the moment I am working as an electrician at a company in Wijchen with a permanent contract. And now since February I have been loaned out as a mechanic to support a technical service with its work, at a company in Duiven. Because it works well here at this company, I would like to make the permanent switch. Especially because this company is much closer to home, and I will benefit a lot financially. Now I found out that 2 years ago I signed a contract with a job change, which included a non-competition clause. At that time I didn't think about what that meant, but now it turns out to be a problem if I want to make the switch. (company is a client of my employer, not a competitor) Because I have never heard this from other people, I wonder if this is now a legally binding clause, and whether or not I can make the switch. In any case, the contract states that after terminating my contract, I may not work for a client of my employer for a whole year. In combination with a non-competition clause, this will mean that there will be few options available in my field if I want to change employers. If I do want to make the switch, the contract states that there will be a fine of 450 euros per day. Hopefully you can give me some advice based on this story, of course I can add anything if you have any questions.

Lawyer

A relationship clause (but also a non-competition clause) is possible when there is an employment contract for an indefinite period (permanent contract). It is then about the wording to determine whether this clause is sufficiently clear and therefore also has sufficiently framed the purpose, not entering into employment with a competitor or working for and/or with a relationship. In order to advise on this, it is important that I can read the entire clause. In most cases, such a clause is legally correct, but it defeats its purpose to hold you to it in this situation. What often happens in practice is that in conversation with both the potential new employer and the current employer, the desire is discussed and often the parties reach an agreement. Without being able to say legally whether the clause is legally valid, the basic advice would be to discuss this with both parties. If this does not work or you still want specific advice,

Lawyer

then you can contact us via boksjuristen.nl. Good luck in any case.