The pizza chef’s employment contract was terminated – may he be prevented to work at another restaurant? #dutchlabourlaw
Mr Vaničková was employed by a new pizza restaurant in Rotterdam. The employer and employee entered in an employment contract for a fixed term.
The Employee entered the Employer’s employment with effect from 1 February 2014 in the position of Pizza chef.
The weekly hours of work will amount to 40 hours (1 FTE). The work shall be carried out during day and/or evening, any day of the week. Working hours may be spread over more than 5 days a week.
If the work so demands, the Employee shall carry out his/her work beyond and outside working hours given. This has been taken into account when the Employee’s salary was determined, so the Employee cannot claim payment for overtime.
The employment contract has been concluded for a period of 6 months and ends on 1 August 2014 by operation of law.
The Employee is not permitted to work for another business in The Netherlands during the employment and during a period of six months following the of the employment.
On 30 June 2015 the employer informed Mr Vaničková that his service contract is not going to be extended.
The employee (plaintiff) demanded among other one month salary as compensation because the contract was not renewed, overtime compensation and that the restrain of trade provision must be declared invalid.
Restraint of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business
Case: 4406885 VZ VERZ 15-18217
Finding: 23 October 2015
Tags: Restraint of trade, overtime, fixed contract, termination of contact, working hours
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