On the other hand, existing employers pose little risk when they require workers to sign non-compete agreements. While an individual worker could take legal action against an employer because of an excessively broad non-competition agreement, this type of action generally does not result in payments to workers and even unenforceable clauses will intimidate some workers to comply. In the Netherlands, non-competition bans (non-simultaneous or concurrent) are permitted for issues such as switching to a new employer and bringing the former company`s customers closer together. Unreasonable clauses can be struck down in court.  A growing number of studies show that companies often use competition and non-poaching agreements in a way that limits worker mobility.19 Companies often even imprison low-wage workers in these contractual agreements. However, studies also show that the strict application of such contracts is linked to lower wages and lower employment mobility for workers, as well as lower regional economic development. While the negative consequences of these agreements are felt throughout the labour market, workers can only be aware of their existence or their effects years after they are signed. EMPLOYEE ACKNOWLEDGEMENTS. The employee acknowledges that he had the opportunity to negotiate this agreement, that he had the opportunity to seek the assistance of a lawyer prior to the signing of this agreement, and that the restrictions imposed are fair and necessary for the business interests of the company.
Finally, the employee agrees that these restrictions are proportionate and do not pose a threat to their livelihoods. Researchers and workers` representatives are increasingly questioning whether, because of the deterrent effects they can have on occupational mobility and wage increases, companies incorporate unenforceable non-competition obligations into employment contracts54. As the effectiveness of competitive competitions may vary, Williams advised small contractors to include a separation provision that is a clause in the contract that incorporates all unenforceable provisions. Despite these ambiguous results, much research on competition bans shows that these laws weigh heavily on workers and that regional economies could also suffer. A company`s investment in its employees, customer relationships and confidential information is too valuable to face unfair competition. MacElree Harvey`s lawyers can help you check your non-competes and develop agreements tailored to your business needs.