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Non Compete Employment Contract Template for Belgium

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Non Compete Employment Contract

"I need a Non Compete Employment Contract under Belgian law for hiring a new Chief Technology Officer in March 2025, with specific focus on protecting our AI technology intellectual property and preventing work with direct competitors in the Benelux region for 12 months after employment ends."

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What is a Non Compete Employment Contract?

The Non-Compete Employment Contract is utilized when an employer in Belgium needs to protect their legitimate business interests from potential competition from former employees. This document is particularly relevant for roles involving access to sensitive information, key client relationships, or specialized knowledge. The contract must strictly comply with Belgian employment law, which requires specific elements such as geographical limitations, maximum 12-month duration, and compensation of at least 50% of the employee's salary during the non-compete period. The agreement balances protecting the employer's interests with the employee's right to work, making it essential for positions where the employee could pose a competitive threat if they were to join a competitor or start a competing business. The document includes detailed provisions on scope, duration, compensation, and enforcement mechanisms, all tailored to meet Belgian legal requirements.

What sections should be included in a Non Compete Employment Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and reason for the non-compete agreement

3. Definitions: Key terms used throughout the agreement, including 'Competitive Activity', 'Territory', and 'Confidential Information'

4. Employment Terms: Basic terms of employment including role, start date, and general duties

5. Non-Compete Obligations: Detailed restrictions on competitive activities post-employment

6. Geographic Scope: Specific definition of the territorial limits of the non-compete obligation as required by Belgian law

7. Duration: Time period of the non-compete obligation (maximum 12 months under Belgian law)

8. Financial Compensation: Mandatory compensation for the non-compete period (minimum requirement under Belgian law)

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Notice and Termination: Terms for ending the employment relationship and impact on non-compete obligations

11. Remedies and Enforcement: Consequences of breach and enforcement mechanisms

12. Governing Law: Confirmation of Belgian law application and jurisdiction

13. Signatures: Execution section for both parties

What sections are optional to include in a Non Compete Employment Contract?

1. International Activities: Additional provisions for employees working across borders or in multiple jurisdictions

2. Industry-Specific Restrictions: Additional restrictions specific to certain industries (e.g., technology, sales)

3. Training and Development: Provisions regarding specialized training provided by the employer and associated obligations

4. Customer Non-Solicitation: Specific provisions preventing solicitation of customers, if applicable

5. Employee Non-Solicitation: Provisions preventing recruitment of other employees, if applicable

6. Intellectual Property: Provisions regarding IP rights and inventions, particularly relevant for technical or creative roles

7. Garden Leave: Provisions for paid leave during notice period, if applicable

8. Severance Terms: Additional compensation or benefits beyond statutory requirements

What schedules should be included in a Non Compete Employment Contract?

1. Schedule 1 - Compensation Details: Detailed breakdown of non-compete compensation calculation and payment schedule

2. Schedule 2 - Territory Map: Visual representation of the geographic scope of non-compete restrictions

3. Schedule 3 - Competitive Business List: Specific list of competitors or competing activities covered by the agreement

4. Schedule 4 - Confidential Information: Detailed list of types of confidential information covered by the agreement

5. Appendix A - Employee's Role and Responsibilities: Detailed description of the employee's position and duties

6. Appendix B - Company Policies: Relevant company policies referenced in the main agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Technology

Professional Services

Financial Services

Manufacturing

Pharmaceuticals

Telecommunications

Consulting

Research and Development

Sales and Distribution

Software Development

Biotechnology

Engineering

Relevant Teams

Executive Leadership

Sales

Business Development

Research and Development

Engineering

Product Development

Client Services

Technical Operations

Professional Services

Account Management

Solutions Architecture

Information Technology

Strategic Planning

Customer Success

Operations

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Senior Software Engineer

Research Scientist

Business Development Manager

Product Manager

Technical Lead

Account Executive

Senior Consultant

Head of Research

Regional Manager

Chief Financial Officer

Senior Account Manager

Solutions Architect

Lead Developer

Director of Operations

Principal Engineer

Senior Sales Representative

Technical Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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