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Non Hire Agreement for Belgium

Non Hire Agreement Template for Belgium

A Belgian law-governed Non-Hire Agreement is a legal document that restricts one company from hiring employees of another company for a specified period. This document is structured to comply with Belgian employment law and competition regulations, ensuring enforceability while protecting legitimate business interests. It includes specific provisions for duration, scope of restrictions, and remedies for breach, all tailored to meet Belgian legal requirements and market practices. The agreement balances the need to protect workforce stability with employment mobility rights under Belgian law.

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What is a Non Hire Agreement?

The Non-Hire Agreement is essential in business relationships where companies collaborate closely or share sensitive information, creating exposure to each other's valuable employees. This document is particularly relevant in Belgium's competitive business environment, where protection of human capital is crucial while respecting strict employment law requirements. It typically arises in contexts such as business partnerships, service arrangements, or corporate transactions. The agreement includes carefully drafted restrictions on hiring and solicitation, specific duration periods, and clear enforcement mechanisms, all designed to comply with Belgian legal requirements. The document must balance the protection of legitimate business interests with employee rights to professional mobility under Belgian law, making it a critical tool for business relationship management.

What sections should be included in a Non Hire Agreement?

1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details

2. Background: Context of the agreement, business relationship between parties, and legitimate business interests being protected

3. Definitions: Key terms including 'Restricted Employees', 'Restricted Period', 'Group Companies', and other relevant definitions

4. Non-Hire Obligations: Core restrictions on hiring, solicitation, and engagement of employees, clearly defining scope and limitations

5. Duration: Time period for which the restrictions apply, ensuring compliance with Belgian law on reasonable duration

6. Exceptions: Permitted activities and circumstances where restrictions don't apply, such as general advertising or prior written consent

7. Acknowledgments: Parties' confirmation of reasonableness of restrictions and legitimate business interests

8. Remedies: Consequences of breach, including potential damages and injunctive relief

9. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Non Hire Agreement?

1. Non-Solicitation Obligations: Additional restrictions on soliciting employees, used when broader protection is needed beyond direct hiring

2. Confidentiality: Provisions protecting confidential information exchanged during the course of the relationship, included when not covered by a separate NDA

3. Group Company Provisions: Extended provisions covering affiliated companies, used when agreement needs to protect wider corporate group

4. Severability and Blue Pencil: Specific provisions allowing court modification of unenforceable terms, particularly important for multi-jurisdictional agreements

5. Notice Requirements: Detailed notification procedures for potential hires to check compliance, used in high-risk or sensitive situations

What schedules should be included in a Non Hire Agreement?

1. Schedule 1 - Restricted Employees: List of employee categories or specific roles covered by the restrictions

2. Schedule 2 - Group Companies: List of affiliated companies covered by the agreement, if applicable

3. Schedule 3 - Territories: Geographic scope of restrictions if territory-specific limitations apply

4. Appendix A - Notification Form: Standard form for required notifications regarding potential hires

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

Jurisdiction

Belgium

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions





























Clauses



























Relevant Industries

Technology

Professional Services

Financial Services

Manufacturing

Healthcare

Telecommunications

Consulting

Research and Development

Software Development

Biotechnology

Engineering

Aerospace

Energy

Professional Services

Relevant Teams

Human Resources

Legal

Executive Leadership

Compliance

Corporate Development

Talent Acquisition

Risk Management

Business Development

Strategic Planning

Employment Law

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Chief Operating Officer

Business Development Director

Head of Recruitment

Employment Law Attorney

Compliance Officer

Chief Legal Officer

HR Business Partner

Talent Acquisition Manager

General Counsel

Corporate Development Director

Risk Management Officer

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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