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ARTICLE · 26 AUGUST 2021

Recent Judgment On A Non-Competition Clause After Employment Of Only 11 Working Days

The employee had been employed by the employer in the position of Sales Manager since 1 May 2021. The employment contract contained confidentiality, competition, relationship and penalty clauses.

NetherlandsEmployment and HR

Facts

The employee had been employed by the employer in the position of Sales Manager since 1 May 2021. The employment contract contained confidentiality, competition, relationship and penalty clauses. On 18 May 2021, the employee informed the employer that he was terminating the employment contract following an offer from X, a direct competitor of the employer. By letter dated 20 May 2021, the employer expressed its disappointment with the employee's termination and called on him to comply with the terms of the employment contract, including the non-competition clause.

Claims

In summary proceedings, the employer demands that the employee will be ordered to cease and desist from breaching the confidentiality, non-competition and relation clauses. In the counterclaim, the employee claimed, inter alia, the suspension of the non-competition clause and the restriction of the non-solicitation clause.

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