The Compensation For Non Compete Agreement is a crucial document used in Dutch employment relationships where an employer seeks to protect its legitimate business interests by restricting an employee's post-employment activities. This document becomes relevant when an employee has access to sensitive information, key client relationships, or valuable intellectual property that could potentially harm the business if used by competitors. Under Dutch law, non-compete clauses must be in writing, reasonable in scope, and accompanied by appropriate compensation to be enforceable. This agreement specifically addresses these requirements by detailing both the restrictions and the corresponding compensation structure, ensuring compliance with Article 7:653 of the Dutch Civil Code and related jurisprudence. It is typically implemented during employment contract negotiations or as a separate agreement during employment, particularly for roles involving access to confidential information or strategic importance to the company.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, including reference to the employment relationship and reason for the non-compete arrangement
3. Definitions: Key terms used in the agreement, including 'Restricted Business', 'Restricted Period', 'Territory', and 'Confidential Information'
4. Scope of Non-Compete: Detailed description of prohibited activities, industries, and roles
5. Geographic Restrictions: Specific territories where the non-compete obligations apply
6. Duration: Time period for which the non-compete obligations remain in effect
7. Compensation: Details of the compensation amount, payment schedule, and calculation method
8. Payment Terms: Specifics about how and when compensation will be paid
9. Employee Obligations: Specific duties and restrictions the employee must observe
10. Employer Obligations: Specific duties of the employer, including payment obligations
11. Breach and Remedies: Consequences of breaching the agreement and available remedies
12. Governing Law and Jurisdiction: Specification of Dutch law application and competent courts
13. Signatures: Execution block for both parties
1. Garden Leave: Include when the agreement involves a garden leave period during which the employee remains employed but not active
2. Client Non-Solicitation: Additional restrictions on approaching clients, if relevant to the position
3. Employee Non-Solicitation: Additional restrictions on approaching other employees, if relevant
4. Intellectual Property: Include when the role involves creation or access to significant IP
5. Severability: Include when wanting to ensure partial invalidity doesn't affect entire agreement
6. Monitoring and Reporting: Include when specific reporting obligations during the restricted period are required
7. Tax Provisions: Include when specific tax arrangements need to be addressed
1. Schedule 1 - Compensation Calculation: Detailed formula and examples of how compensation is calculated
2. Schedule 2 - Restricted Territory: Detailed list or map of geographic areas covered by restrictions
3. Schedule 3 - Restricted Businesses: Comprehensive list of competitors and restricted businesses
4. Schedule 4 - Payment Schedule: Detailed timeline of compensation payments
5. Appendix A - Employee's Current Position and Duties: Description of current role to define scope of restrictions
6. Appendix B - Acknowledgment Form: Form for employee to periodically confirm compliance
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