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concurrentiebeding

English translation: competition clause


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Dutch term or phrase:concurrentiebeding
English translation:competition clause
Entered by: Michael Beijer
Options:
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19:50 Jan 26, 2010
Dutch to English translations [PRO]
Bus/Financial - Business/Commerce (general)
Dutch term or phrase: concurrentiebeding
Van Dale says:

(1) '(contract / agreement in) restraint of trade'
[met betrekking tot werk TIJDENS de overeenkomst]

(2) 'competition clause'
[met betrekking tot werk NA de overeenkomst]

However, my question is this: what if it is both DURING and AFTER.

I.e.,

'Werkneemster is zonder voorafgaande schriftelijke toestemming van werkgever niet toegestaan tijdens het dienstverband, alsmede gedurende 12 maanden na het einde daarvan, op enigerlei wijze werkzaam te zijn (...)'

Any suggestions would be more than welcome.
Michael Beijer
United Kingdom
Local time: 07:51
competition clause
Explanation:
Simpler than non-competition clause. The clause defines what competetion, if any, is allowed and how.
Selected response from:

Alexander Schleber
Local time: 08:51
Grading comment
This is what I eventually used. Thanks everyone!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2competition clause
Alexander Schleber
4 +1restraint-of-trade clausexxxjarry
3 +2non-competition obligationToiny Van der Putte-Rademakers
4non-compete clause/covenant not to compete
Textpertise
Summary of reference entries provided
non-competition clause
Kitty Brussaard

Discussion entries: 1





  

Answers


13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
non-compete clause/covenant not to compete


Explanation:
The Wikipedia article cited here indicates that the clause is used in both senses you are seeking.

http://en.wikipedia.org/wiki/Non-compete_clause

Textpertise
United Kingdom
Local time: 07:51
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20
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22 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
non-competition obligation


Explanation:
The period can be stipulated in the agreement.


    Reference: http://iate.europa.eu/iatediff/FindTermsByLilId.do?lilId=117...
    Reference: http://iate.europa.eu/iatediff/FindTermsByLilId.do?lilId=189...
Toiny Van der Putte-Rademakers
Local time: 08:51
Specializes in field
Native speaker of: Native in DutchDutch
PRO pts in category: 7

Peer comments on this answer (and responses from the answerer)
agree  Chris Hopley: just to be picky ;-) the non-competition clause will contain a non-competition obligation
13 hrs
  -> You are right, of course.

agree  Kitty Brussaard: With Chris, non-competition clause :-)
2 days2 hrs
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22 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
competition clause


Explanation:
Simpler than non-competition clause. The clause defines what competetion, if any, is allowed and how.

Alexander Schleber
Local time: 08:51
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 48
Grading comment
This is what I eventually used. Thanks everyone!

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: And it doesn't matter whether it's during or after the period of employment.
52 mins
  -> Thanks

agree  Chris Hopley: Yet interestingly, Googling for 'competition clause' reveals reams more results for 'non-competition clause' :-)
13 hrs
  -> Thanks for the confirmation
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21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
restraint-of-trade clause


Explanation:
...

--------------------------------------------------
Note added at 11 hrs (2010-01-27 07:22:51 GMT)
--------------------------------------------------

http://www.stephens.com.au/view/22/32
Restraint Of Trade Clauses
Restraint of trade clauses, which seek to prevent former employees or owners from engaging in activities that compete with the business they have left, are increasingly common.


xxxjarry
South Africa
Local time: 08:51
Specializes in field
Native speaker of: English
PRO pts in category: 237

Peer comments on this answer (and responses from the answerer)
agree  Chris Hopley
13 hrs
  -> Thanks Chris
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Reference comments


2 days3 hrs
Reference: non-competition clause

Reference information:
In employment contracts, a non-competition clause is used to prevent an employee from pursuing work in a similar profession or trade or starting a company in competition with its employer during the employee's employment and for a certain time after the employment is terminated.
http://wiki.lawdepot.com/.../Non-Competition_Clause

Kitty Brussaard
Netherlands
Specializes in field
Native speaker of: Native in DutchDutch
PRO pts in category: 16
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