A non-compete agreement protects your business from former employees who immediately join a competitor or approach your clients. But what if that agreement is violated? Then you need evidence to take legal action.
What is a non-compete agreement?
A non-compete clause is a contractual provision that prevents an employee from engaging in similar activities after the end of their employment contract, whether as a self-employed person or at a competitor. The clause must be limited in duration, geographic scope, and type of activity to be valid.
When is a non-compete agreement valid in Belgium?
Strict conditions apply in Belgium for a non-compete clause to be enforceable:
- It must be established in writing in the employment contract or an annex
- The employee's annual salary must exceed a legally defined minimum (adjusted annually)
- The clause may last no more than 12 months after the end of the employment contract
- It must be geographically limited to the area in which the employee was actually active
- It must be limited to similar activities
- The employer must pay a fixed compensation when the clause is invoked
Non-compete clauses for commercial representatives
Different rules apply to commercial representatives. The non-compete clause for commercial representatives may not exceed 12 months and must be limited to the representative's working area. The clause only takes effect if the employer invokes it within 15 days of the end of the contract.
What if the non-compete clause is violated?
When a non-compete clause is breached, the employer may take several legal steps:
- Damages claim. You can demand compensation for the harm suffered (loss of clients, revenue, know-how)
- Injunction. Via the president of the commercial court you can seek a cessation of competing activities
- Penalty fine. An injunction can be linked to a penalty fine for each violation
For all of these steps, your lawyer needs hard facts: evidence that the former employee is actually working at a competitor, approaching your clients, or using your business information.
How a private detective proves a violation
- Establish whether the former employee is actually working at a competitor or active as a self-employed person
- Document whether your clients are actively being approached by the former employee
- Establish whether confidential business information is being used
- Gather evidence with photos, times, locations, and surveillance reports
- Draw up a legally valid report for the employment or commercial court
- Free testimony in court
Frequently asked questions about non-compete agreements
How do I prove that my former employee is violating the non-compete clause?
A private detective can establish where the former employee works, what activities they carry out, and whether your clients are being approached. This is recorded in a legally valid report with visual material.
How much compensation can I claim?
The level of compensation depends on the harm suffered: lost clients, lost revenue, misuse of confidential information. Your lawyer can calculate the damages based on our report.
Can a non-compete agreement be declared invalid?
Yes, if not all legal conditions are met (salary too low, scope too broad, no compensation paid). An employment court can declare the clause wholly or partially void.
What if the employee was dismissed?
When the employer dismisses without serious cause, the non-compete clause in principle lapses. When dismissed for serious cause, or when the employee themselves resigns, the clause remains in force.
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