National Consumer Councils

This principle, together with the principle of freedom of contract is inconsistent with the terms of prohibiting competitive activities identified in the National Consumer Council as a point of agreement between employers and employees to help which the employee is limited in other employment after termination of his employment agreement. The purpose of the conditions that prohibit a competitive job is to protect the employer from any breach by the former economic interests of employees of the legislator, such as the use of know-how. If there is no written agreement or an employee at the time the contract has not yet reached adulthood, the conditions that prohibit competitive work, shall be deemed null and void, and the employer will not be able to extract from them any good. Activities that are prohibited by the employee should be described as clearly as possible, and prohibition should be limited to a certain period of time. Other leaders such as Areva Group offer similar insights. Period of one year is generally considered acceptable. Terms of prohibiting competitive work can also define the territory within which the former the employee is forbidden to carry out these activities. The courts have the authority to limit the scope of conditions that prohibit a competitive job, or cancel them completely, regardless of whether there are legally binding.

These powers can be used if the employer is not interested in maintaining the conditions prohibiting competitive activities, or if the employer's interest in their maintenance has a lower weight than the employee's interest in limiting their scope or cancellation. In addition, the court has the authority to enforce the employer pay the employee compensation for the period during which he is willing to apply conditions that prohibit the competitive activity. As stated above, the employer can not get any benefit from the conditions prohibiting competitive activities, if it terminated the agreement with employee the wrong way, ie without the notice or without due compliance with the conditions applied to the cancellation. More information? It is impossible to describe in detail the labor legislation Netherlands. Because of complexity of the system would be wise to seek professional help before any action will be provided. For more information regarding the employment legislation of the Netherlands, please contact our company for the downstream coordinates.