Notes

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The ‘true legal and judicial experts’ at Kennedy Van der Laan divide their focus between the tech, media and entertainment, fashion and luxury sectors, representing clients in major trade mark infringement claims and issues around intermediary liability. The practice is led by Maarten Schut, a specialist in tech and life sciences trade mark disputes; IP, IT and sports-focused Alfred Meijboom; and Joran Spauwen, whose expertise lies in assisting the IP aspects of tech transactions. Reindert van der Zaal represents both domestic and international fashion, luxury and sports brands in trade mark and advertising matters, and co-heads the firm’s anti-counterfeiting program. Snijders, gives legal advice on settlement agreements, the concealment of a new job and the right to a severance payment. In a settlement agreement, through which an employment contract ends by mutual consent (dismissal agreement), it is often stipulated that the employee, at the time of signing this contract, has provided all necessary information and has no concrete prospect of (finding) a new job.
Contact Us Arbeidsrecht Advocaat Arnhem Email: [email protected] Phone: +31266690404 Meester B.M. Teldersstraat 7 Arnhem, Gelderland, NL 6842 CT
On 5 March 2013, at the request of a Dutch attorney specializing in employment law, the Court of Appeal of The Hague reduced a fine – already mitigated by the Subdistrict Court – for violation of a non-competition clause by a further almost 75%. The Court of Appeal of The Hague added to the above that it follows from HR 13 July 2012, NJ 2012, 459 that ’the capacity of the parties’ may also be taken into account. The employee’s Dutch employment law lawyer had extensively documented that his client was not able to pay the amount of €39,150. The lawyer also indicated that recovery of that amount would lead to the bankruptcy of the employee. The fine on the non-compete clause was four times the employee’s gross monthly salary in case of violation. In addition, a fine of € 1,000 per day applies for each day that the violation took place and continues.
The court had ruled that this behaviour was contrary to the non-competition and relationship clause. The court of appeal found that the employee’s lawyer had failed to substantiate the circumstances he invoked. Uitzendconstructies ’s employment lawyer had also failed to provide any evidence regarding the turnover and financial situation. At Kennedy Van der Laan, Fenna van Dijk assists healthcare clients with corporate matters, and IP specialist Maarten Schut advises on a range of issues in the life sciences arena including R&D collaborations, licensing work and the protection of trade secrets.
The agreed gross monthly salary was € 2,550 (excluding holiday allowance). At the request of the employee’s lawyer, the Subdistrict Court in The Hague had already mitigated the fine to € 39,150 (18% of € 219,000). Clients appreciate that Maarten Schut "has a genuine interest in getting people to understand risks and has a very good way of putting legal things into plain language for a varied audience." He advises clients on matters relating to trade mark and anti-counterfeit proceedings. "Maarten is expert in trade mark and anti-counterfeiting issues, particularly for fashion designers and retailers. His commercial acumen is pinpointed by clients, one describing him as "very friendly and very business-oriented." On the basis of this, the court of appeal came to the conclusion that the application of the penalty clause in the given circumstances leads to an excessive and therefore unacceptable result.

The employee’s lawyer must be able to substantiate this with financial data. A settlement agreement or termination agreement often states that obligations from the employment contract that are intended to continue to apply after the termination of the employment contract also continue to apply. Many Dutch non-competition clauses in an employment contract contain a provision that means that an employee, who starts working for a competitor after his employment contract, has to pay a fine to the former employer.
Paul has proven expertise in his specialist areas including employment law, pension law and works council matters. He handles many complex matters such as executive remuneration and terminations, corporate governance and collective labour issues with unions and works councils. The fact that the employment contract was terminated on the initiative of the employer played a part in this. In a discussion, the employee had stated – in accordance with the truth – that he had ‘some job applications’. For more legal advice on competition clauses and fines, please contact our experienced lawyer who is also an employment law specialist in Amsterdam, Mr. P.Chr. https://www.spreaker.com/episode/werktijden-en-rusttijden-wat-zegt-de-wet--62406265 . Maarten Schut often advises clients on IP licensing as part of R&D agreements.
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