Non-compete clauses are still highly relevant in this age of scarcity and a tight job market. The tenability of these clauses also continues to feed current public debate. Much has been written about the tenability of non-compete clauses in employment agreements, but what about those included in termination agreements intended to end an employment agreement?

Arjan Adams has written an article on this subject for the ArbeidsRecht employment law journal. His article sets out the various standards applied by the courts to assess actions for the full or partial nullification of non-compete clauses in termination agreements. Arjan particularly explores to what extent the inclusion of a non-compete clause in a termination agreement plays a role in the standard actually applied by the courts.

Read the article here (in Dutch).