COMPETITION CLAUSE AND RELATIONSHIP CLAUSE
Competition clause and relationship clause: how do you deal with it?
A non-competition clause or relationship clause in the employment contract or when an employment contract is broken can be an excellent means to prevent loss of knowledge and customers.
In practice it appears that these types of employment law clauses are not always conclusive. This can lead to unpleasant situations for all parties involved. Edelhardt Recherchebureau can offer assistance in demonstrating damage that you have suffered as a result of not complying with a non- competition or non- competition clause . By creating a comprehensive file that contains all violations of the set conditions, you have a strong attitude towards your (former) staff, also in court.
Competition clause investigation
A number of checks are carried out during the competition and relationship clause investigation, these are the main check points:
Additional jobs for own account in the same sector
You have trained your staff well and learned all the tricks of the trade. This employee will then perform similar activities under his own title. A speedboat can steer faster than a cargo ship. The employee uses all the facilities that a large organization offers in order to subsequently recruit customers for his own business. The limits for ancillary activities must be clearly laid down in the competition and relationship clause . The protocol for continuing education and training must also be clearly defined.
Approaching your customers
Here too, the risk is higher for field staff, but it can occur everywhere. A salesperson who establishes a good relationship with regular customers can start to feel like an intermediary and lose sight of who the employer is . The maintenance of customer relationships may not result in open applications. Every employee must know where the boundaries are and put the interests of the organization first.
Working for your competitor (s) or clients
Staff working in the field, in particular, often come into contact with clients and competitors. When a staff member makes a good impression, it can be very interesting for the competitor to hire that employee. This will give the competitor a good employee and you will lose a large dose of knowledge and expertise. In addition, former staff may be aware of internal business processes that may be of great interest to the competitor.
Passing on (confidential) company information
An employee who works for the same employer for a longer period of time builds up more and more internal knowledge . This knowledge can be very valuable, also for external parties. Probably there is already an agreement stating that confidential bedrijfsinformat he should not be brought out, unfortunately not everyone likes to this rule. The release of company information against payment, personal benefits or simply out of negligence must be combated.
Be stronger, record everything
By exposing these subjects and processing them in a detailed report , a substantiated overall picture is created, in which an estimate is also made of the damage suffered. Violating the competition and relationship clause not only leads to the loss of experienced staff, it can also cause major financial losses . If a case with a (former) employee is not resolved through internal policy, a well-founded file must appear before the court. Edelhardt Recherchebureau carries out a meticulous investigation, which includes all possible violations of the competition and relationship clause.