Belgium Non Compete Agreements

Does your employment contract have a non-competition clause? If so, make sure it is valid! However, in two recent decisions, the Belgian Court of Cassation decided that the General Court could amend the conditions of a non-competition clause as it considers permissible. The decision whether or not to change the terms of an invalid non-competition clause remains in the hands of the court, which ultimately should always take into account the common intention of the parties. It is therefore recommended to include a specific clause providing that, in this case, the General Court may amend the non-competition clause instead of annuling it. . . .