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A Restrictive Covenant Agreement protects businesses by legally limiting what employees can do after leaving their job. Under Belgian labor law, these contracts set clear boundaries around competing with former employers, approaching their clients, or sharing confidential information.

While Belgian courts generally favor worker mobility, they'll enforce these agreements when they're reasonable in scope, duration (typically max 12 months), and geographic reach. The agreement must also offer fair compensation to the employee and protect legitimate business interests - like trade secrets or customer relationships - rather than simply restricting competition.

Use a Restrictive Covenant Agreement when hiring employees who will have access to sensitive business information or close client relationships. This is especially important for roles in Belgian companies involving sales, technical innovation, or strategic planning where employees could potentially harm your business by taking knowledge to competitors.

Present the agreement during the initial hiring process or when promoting employees to sensitive positions. Belgian law requires these agreements to be in writing and signed before the employee gains access to protected information. Having it ready early helps avoid rushed negotiations and ensures proper protection from day one.

• Non-Compete Clauses: Prevent former employees from working with competitors within specific geographic areas and time periods (usually 12 months maximum in Belgium)
• Non-Solicitation Provisions: Stop ex-employees from approaching your clients or poaching staff for a set period
• Confidentiality Agreements: Protect trade secrets and sensitive business information, typically without time limits
• Customer Non-Dealing Clauses: Restrict former employees from working directly with your customers, even if the customers initiate contact
• Combined Agreements: Integrate multiple restrictions into one comprehensive document, common in senior executive contracts

• Employers/Companies: Draft and implement Restrictive Covenant Agreements to protect business interests, particularly in technology, sales, and professional services sectors
• Senior Executives: Often negotiate these agreements as part of their employment contracts, balancing career mobility with company loyalty
• HR Managers: Coordinate the implementation and monitor compliance throughout employment relationships
• Legal Counsel: Draft and review agreements to ensure enforceability under Belgian labor law
• Employment Tribunals: Evaluate and enforce these agreements when disputes arise, considering both employer and employee rights

• Scope Definition: Identify specific business interests needing protection (client lists, trade secrets, specialized knowledge)
• Geographic Boundaries: Map out realistic territorial limits for restrictions based on your Belgian business operations
• Time Limits: Define reasonable duration (typically 12 months maximum under Belgian law)
• Role Assessment: Document employee's access to sensitive information and client relationships
• Compensation Details: Calculate fair compensation for the post-employment restrictions
• Language Requirements: Prepare agreement in required languages (Dutch, French, or German) based on workplace location
• Documentation: Gather employment contract and job description to ensure alignment

• Party Details: Full legal names and addresses of employer and employee, plus job title and department
• Scope Definition: Clear description of restricted activities and protected business interests
• Duration Clause: Specific time period for restrictions, not exceeding 12 months post-employment
• Geographic Limits: Precise definition of restricted territory within Belgium or relevant markets
• Compensation Terms: Detailed breakdown of financial compensation for restrictions
• Confidentiality Provisions: Specific information classified as confidential or trade secrets
• Severability Clause: Statement ensuring partial validity if some provisions are found unenforceable
• Signature Block: Space for dated signatures, with language preference clearly indicated

A Restrictive Covenant Agreement differs significantly from a Contractor Agreement in several key ways, though both deal with professional relationships. While Restrictive Covenants focus on protecting business interests after employment ends, Contractor Agreements establish the terms of independent work relationships.

• Scope of Protection: Restrictive Covenants specifically limit post-employment activities, while Contractor Agreements outline project deliverables and working terms
• Duration: Restrictive Covenants typically last up to 12 months after employment ends in Belgium; Contractor Agreements cover only the active project period
• Legal Framework: Restrictive Covenants fall under Belgian employment law with strict enforceability requirements; Contractor Agreements follow commercial law with more flexibility
• Compensation Structure: Restrictive Covenants require specific compensation for post-employment restrictions; Contractor Agreements focus on project-based payment terms