EXPERTISE
Employment law
Most employment problems are settled before anyone goes to court: in the wording of a settlement agreement, the response to a warning or a sickness report handled correctly. We advise employees and employers, and represent them before the subdistrict court, which hears all employment cases (article 93 of the Dutch Code of Civil Procedure, Rv).
YOUR CONTACT
Legal adviser and founder
How we can help
Settlement agreements: review and negotiation, including the transition payment
Dismissal through UWV, the subdistrict court or by mutual consent
Non-compete and non-solicitation clauses, also in fixed-term contracts
Sickness, reintegration and continued payment of wages
Employment contracts and cross-border work within the EU
Good to know
After signing a settlement agreement, the employee may dissolve it within fourteen days without giving reasons; if the agreement does not mention that right, the period is three weeks (article 7:670b of the Dutch Civil Code, BW). Most claims about a dismissal must reach the subdistrict court within two months of the end of employment, a claim for the transition payment within three (article 7:686a(4) BW). Employers often contribute to the cost of advice on a settlement agreement; we can ask for this on your behalf.
Key deadlines
Settlement agreement
14 days to dissolve; 3 weeks if the right is not mentioned (article 7:670b BW)
Contesting a dismissal
2 months after the employment ends (article 7:686a(4) BW)
Transition payment
3 months after the employment ends (article 7:686a(4) BW)
QUESTION
Is the non-compete clause in my fixed-term contract valid?
Only if the employer explains in the clause itself why it is needed for compelling business interests (article 7:653(2) BW). Without that written reasoning, it is not valid.
Tell us what happened. We take it from there.
Call or WhatsApp +31 6 11 61 02 90, e-mail info@justenalaw.nl, or send your question through the form.