In the Netherlands, Belgium and Luxembourg it is common practice to include specific clauses in employment agreements, such as a non-competition clause prohibiting the employee after termination of the employment agreement from performing similar work for a competitor.
There are, however, other restrictive covenants, such as a confidentiality clause, a non-solicitation clause, or a clause prohibiting the maintenance of business relations. The protection of a company's intellectual property in times of innovation is also a major concern.
Specific clauses often give rise to differences of opinion or disputes between the employer and the - former - employee.
Our Employment & Pensions team has wide experience in drawing up, and advising on, this type of clauses. We assist our clients in drawing up non-competition and other specific clauses and frequently advise on the enforceability of such clauses. We can boast wide experience on the subject, which we draw on to resolve any related discussions. We also work closely together with our Intellectual Property group for all questions relating to the protection of trade secrets, commercial activities of former employees, etc.