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In the Netherlands is not legally enforceable either. You can only enforce not be able to take clients with you to your new employer for a fixed amount of time

by timvp 9y ago

In the Netherlands is not legally enforceable either. You can only enforce not be able to take clients with you to your new employer for a fixed amount of time (e.g. 6 months).

eggie5 9y ago
Can you elaborate more on how it's not enforceable in NL or provide some reference? Here is an example of a contract from a tech company in NL w/ a noncompete: The Employee shall throughout the duration of this employment contract and for a period of one year after termination thereof, not be engaged or involved in any manner, directly or indirectly, whether on the account of the Employee or on the account of third parties, in any enterprise which conducts activities in a field similar to or otherwise competing with that of [COMPANY NAME] and/or its affiliates, nor act, in any manner whatsoever, directly or indirectly, whether on his own behalf or for third parties, as an intermediary in relation to such activities. This obligation applies solely to any work activities or involvement of you within the territory of Europe.
- mpfundstein 9y ago
  in my personal experience: no lawyer in NL will accept this. At least not for SE jobs where in doubt every other company could be in a similiar field. so don't worry. nevertheless, i wont ever accept such a clause again in any of my contracts
- timvp 9y ago
  Of course it is legally correct but there are dozens of ways to get out of it. Some examples: - If you can show that you are making a significant step career-wise (easy) - If your function is different than when you started and didn't sign a new non-compete (from backend to full-stack) - If the contract is temporary 6 months or 1 year its not valid - If you didn't specify a fine, you need to show evidence of damage/loss of that employee leaving to a competitor (impossible?) So just a few ways to get rid of it. Almost every (employment) attorney in NL will get this non-compete blown away. My 2 cents: It costs a lot of (negative) time and if someone wants to leave just let them go. If you respect them, they will respect you. If you screwed them over and over they already copied the data the want and will still leave. Turn the non-compete to a non-client clause (relatiebeding), way softer but ensures that they can't "steal" your clients. Because you are being generous not limiting the person to move to a better position this clause will be way harder to get rid off. Still be reasonable though :)
LusoTycoon 9y ago
There was an update in 2015 for defined term contracts. It requires the non competes clause to define duration, geographical scope and explanation why the interests of the employee require it. Not sure it was altogether thrown away.

by timvp 9y ago

In the Netherlands is not legally enforceable either. You can only enforce not be able to take clients with you to your new employer for a fixed amount of time (e.g. 6 months).

eggie5 9y ago

Can you elaborate more on how it's not enforceable in NL or provide some reference? Here is an example of a contract from a tech company in NL w/ a noncompete: The Employee shall throughout the duration of this employment contract and for a period of one year after termination thereof, not be engaged or involved in any manner, directly or indirectly, whether on the account of the Employee or on the account of third parties, in any enterprise which conducts activities in a field similar to or otherwise competing with that of [COMPANY NAME] and/or its affiliates, nor act, in any manner whatsoever, directly or indirectly, whether on his own behalf or for third parties, as an intermediary in relation to such activities. This obligation applies solely to any work activities or involvement of you within the territory of Europe.

mpfundstein 9y ago
in my personal experience: no lawyer in NL will accept this. At least not for SE jobs where in doubt every other company could be in a similiar field. so don't worry. nevertheless, i wont ever accept such a clause again in any of my contracts
timvp 9y ago
Of course it is legally correct but there are dozens of ways to get out of it. Some examples: - If you can show that you are making a significant step career-wise (easy) - If your function is different than when you started and didn't sign a new non-compete (from backend to full-stack) - If the contract is temporary 6 months or 1 year its not valid - If you didn't specify a fine, you need to show evidence of damage/loss of that employee leaving to a competitor (impossible?) So just a few ways to get rid of it. Almost every (employment) attorney in NL will get this non-compete blown away. My 2 cents: It costs a lot of (negative) time and if someone wants to leave just let them go. If you respect them, they will respect you. If you screwed them over and over they already copied the data the want and will still leave. Turn the non-compete to a non-client clause (relatiebeding), way softer but ensures that they can't "steal" your clients. Because you are being generous not limiting the person to move to a better position this clause will be way harder to get rid off. Still be reasonable though :)

LusoTycoon 9y ago

There was an update in 2015 for defined term contracts. It requires the non competes clause to define duration, geographical scope and explanation why the interests of the employee require it. Not sure it was altogether thrown away.