This Non-Compete Non Solicitation Agreement is essential for businesses operating in Belgium seeking to protect their legitimate business interests, confidential information, and customer relationships. The document is typically used when onboarding new employees or contractors who will have access to sensitive business information or significant customer contact, or when promoting employees to senior positions. It must comply with strict Belgian legal requirements, including mandatory compensation (minimum 50% of salary for the restriction period), maximum duration of 12 months, and reasonable geographical limitations. The agreement balances the employer's need to protect business interests with employee rights under Belgian law, making it particularly relevant for knowledge-intensive industries and customer-facing roles. It includes specific provisions for both non-compete (preventing competitive activities) and non-solicitation (protecting against poaching of employees and customers) obligations.
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1. Parties: Identification of the contracting parties, including the employer/company and the employee/contractor
2. Background: Context of the agreement, including the nature of the relationship between parties and legitimate business interests being protected
3. Definitions: Key terms including 'Competitive Activity', 'Confidential Information', 'Restricted Territory', 'Restricted Period', 'Protected Customers', and 'Protected Employees'
4. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration (max 12 months under Belgian law), and geographical limitations
5. Non-Solicitation Obligations: Restrictions on soliciting employees, customers, and business partners, with clear scope and duration
6. Compensation: Mandatory compensatory indemnity as required under Belgian law (minimum of 50% of salary corresponding to the duration of the clause)
7. Exceptions and Permitted Activities: Clear outline of activities that are permitted despite the restrictions
8. Duration and Territory: Explicit statement of the time period and geographical scope of restrictions
9. Acknowledgments: Parties' acknowledgment of the reasonableness of restrictions and receipt of consideration
10. Remedies: Available remedies in case of breach, including injunctive relief and damages
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Garden Leave: Optional provisions for garden leave period, if applicable to the employment relationship
2. International Scope: Additional provisions for international operations, needed if the business operates across borders
3. Industry-Specific Restrictions: Additional restrictions specific to certain industries (e.g., technology, professional services)
4. Training Cost Recovery: Provisions regarding repayment of training costs, if significant training investment was made
5. Post-Termination Assistance: Requirements for transition assistance after employment ends
6. Alternative Dispute Resolution: Mediation or arbitration provisions as alternatives to court proceedings
1. Schedule 1 - Restricted Territory: Detailed definition and/or map of the geographical area covered by restrictions
2. Schedule 2 - Protected Customers: List or categories of customers covered by non-solicitation provisions
3. Schedule 3 - Compensation Calculation: Detailed breakdown of how the compensatory indemnity is calculated
4. Schedule 4 - Competitive Business Activities: Detailed description of prohibited competitive activities
5. Appendix A - Acknowledgment Form: Form for employee to acknowledge understanding and acceptance of restrictions
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