Non-Competition and Relationship Clause in Rijswijk
A non-competition clause prevents an employee from taking a job with a competing company after the employment contract ends.
Conditions for a Non-Competition Clause
- Must be recorded in writing
- Valid only with an adult employee
- For a fixed-term contract: the employer must demonstrate compelling business reasons
Non-Competition Clause in Fixed-Term Contracts
Since 2015, a non-competition clause in a fixed-term contract is only permitted if the employer demonstrates in writing that crucial business interests are at stake.
What is a Relationship Clause?
A relationship clause imposes a restriction on an employee to maintain contact with customers or relations of the former employer. This is generally less strict than a non-competition clause.
Possible Annulment by the Court
A court may declare a non-competition clause wholly or partly invalid if:
- The employee is unfairly disadvantaged
- The clause is drafted too broadly or unreasonably
- The business interest is no longer compelling
Penalty Clause for Violation
Often a penalty is linked to breaching a non-competition clause. The court has the authority to reduce this penalty.
Forfeiture upon Faulty Termination
If the employer acts seriously culpably in dismissal, the non-competition clause may lapse.
Statutory basis: Article 7:653 of the Dutch Civil Code
Frequently Asked Questions about Employment Law in Rijswijk
What are my rights for online purchases?
For purchases via the internet, you have 14 days to return without reason, unless statutory exceptions apply.
How long is the warranty period?
Products must function for at least 2 years. Defects within the first 6 months are presumed to have been present at purchase.
Can I charge interest on outstanding amounts?
Yes, you are entitled to statutory interest (approximately 8% per year) on unpaid debts, provided you have first claimed it in writing.
What to do about unfair practices?
You can file a complaint with the Consumentenbond, a government authority, or initiate legal proceedings.
What does a credit agreement entail?
A credit agreement sets out the conditions for borrowing money, including interest and repayment terms.
Local Information
For legal support in Rijswijk, you can go to the Juridisch Loket Rijswijk. Disputes are often handled by the District Court of The Hague.