I am currently a sub contractor in Afghanistan, on a NATO contract, my employer is a firm called Eurocity who are based in BelguimI ahve a clause in my contract that reads:For a period of twelve months following the termination of this agreement, or anyextension thereof, the Consultant will not, either directly or indirectly, accept employmentwith or provide services to the Ultimate client (NATO/ISAF) or to any associate, parent orsubsidiary company of the Ultimate client to whom the Consultant has provided servicesat any time during the period specified, without the specific agreement of the Companyand/or the Agency. In the event of non-compliance with this clause, the Consultant shallhave to pay the Agency an indemnity amounting to EUR 20,000.00.Can you advise whether this clause is legal, or does it breach my right to employment?My contract expires next week and I believe I should be free of any obligation to them at that point and be able to seek employment with whoever I choose.RegardsTony
System of Law: EU
Speaking to my employer to release me from the clause
Hello Tony,What is the governing law of your contract?
As the contract is with a company based in Belguim then that will be the governing body, if I understand the question correctly
Under Belgian law, the maximum period allowed for restraint of trade is 6 months, so it appears that the clause may be void as it purports to restrain you for 12 months.I suggest you take the contract to a local lawyer in Belgium to quickly look at and advise on ther validity, I suspect the clause is void.Hope this clarifies
Ok, so how does that same clause stand up when I have a notice period of 30 days, no notice has been given to me and I am in the last week of my contract
If it is a fixed term contract coming to an end, then normally no notice is required as notice is usually given if the contract is being terminated before its end date.Please take a few seconds to rate my answer.
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