Non-competition clause still applicable when contract is changed?

Questioner

I would like to start my own company, but my temporary employment contract contained a non-competition clause for the position I held. I eventually received a permanent contract and the non-competition clause is not included in it, but the reference that all previous agreements from previous employment contracts apply. My question is, may the non-competition clause from a temporary contract that no longer applies to me (not in the fact that I am no longer temporarily employed and also not in the fact that I am no longer a junior consultant but a medior consultant) be transferred to a permanent contract or are these really two essentially different contracts, so that the non-competition clause no longer applies?

Lawyer

Under Dutch law, it is usually the case that when there is a major change in the employment contract, such as changing from temporary to permanent or a significant change in function, it is necessary to agree on a new non-competition clause. This is because a non-competition clause is restrictive for an employee, and it must be assumed that it only applies to the function and circumstances at the time the clause was entered into. From your description I understand that your new (permanent) contract refers to conditions from previous contracts, but this does not automatically mean that the non-competition clause also applies in your current situation. A judge would have to look at the exact wording and the specific circumstances of your case. Ultimately, for specific and personalized legal advice, you will need to consult a specialist employment lawyer, as this can be a complex matter where the specific circumstances and wording play a major role. ---------------- 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.