Insights

Unfair employee competition

In order to counter competition from former employees, a non-competition clause is often included in the employment agreement. To enforce this clause, it is often combined with a penalty clause. The non-competition clause – provided it has been validly agreed – is generally easy to enforce in the Netherlands. However, in the absence of this clause, action against the more general ’employee competition’ is more complicated. After all, in that case the former employee is in principle free to go wherever he/she wants and therefore also to compete with the former employer, even if this is to the d