Enforcing dismissal through a relationship clause?

Questioner

Together with my husband I bought a new house and told my current employer that I would be leaving early next year. I have not yet submitted my resignation. Employment conditions have been finalised with the new employer, but the non-competition clause is in the way. Both directors had a good discussion about this and now they do not want to continue without a letter of resignation. And the new employer cannot do much with me for a year with the non-competition clause in my contract. In order to force a resignation they are now bullying me, I have to trade in my car for another car and they indicate that I have driven too many kilometers privately and I am suddenly allowed to drive 0 kilometers privately this year. I would like to ask if you can help me with the rights and obligations that I have to get out of this.

Lawyer

I understand that this can be an unpleasant situation for you. It is important to know that your rights as an employee are protected under Dutch employment law. A non-solicitation clause restricts you from entering into business relationships with relations of your (ex-)employer after the end of your employment. It is intended to protect the interests of the employer, but may not be so restrictive that it unreasonably limits your freedom to work elsewhere after the end of the contract. The exact scope depends on the wording in your contract and the interpretation given to it in case law. In terms of forcing dismissal, it is not permitted for your employer to change your work in such a way as to force a dismissal situation. This can be considered bad employership. If you think this is the case, it is wise to collect as much evidence as possible, such as emails, notes of conversations, etc. One of the solutions is to enter into discussions with your current employer and make a proposal to jointly terminate the employment relationship by means of a settlement agreement. In this you can also make agreements regarding the non-competition clause. Finally, may I emphasize that this is a complex situation with potentially far-reaching consequences for your legal position and income situation. It is therefore advisable to seek specific legal advice from a specialized labor law attorney to optimally represent your interests. The above information is general in nature and is based on the situation as you have described it. However, the precise outcome of legal proceedings may depend greatly on the details of your personal situation. A lawyer or attorney can provide you with advice specific to your situation.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response. Can we help you or refer you for free? Call us during office hours on 040 2350423