The Non-Compete Letter is a crucial document used in Belgian employment relationships to protect an employer's legitimate business interests after an employee's departure. It must comply with strict Belgian legal requirements, including maximum duration of 12 months, clearly defined geographical scope, and mandatory compensation of at least 50% of the employee's salary during the restriction period. This document is typically used when onboarding new employees or during employment relationship modifications, particularly for roles involving access to sensitive information, client relationships, or proprietary knowledge. The letter format provides a clear, direct way to establish these obligations while ensuring transparency and mutual understanding between parties.
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1. Letter Header: Formal business letter header including date, sender's details, recipient's details, and subject line
2. Opening Reference: Reference to the employment relationship or relevant agreement that gives rise to the non-compete obligations
3. Scope of Restriction: Clear definition of the prohibited activities and business sectors, ensuring compliance with Belgian law requirements
4. Geographic Limitation: Specific definition of the geographical area where the restrictions apply (must be reasonable and clearly defined under Belgian law)
5. Duration: Explicit statement of the time period for the non-compete obligation (maximum 12 months under Belgian law)
6. Compensation: Details of the compensation for the non-compete period (minimum of 50% of salary for the restriction period)
7. Acknowledgment: Statement confirming the employee's understanding and acceptance of the terms
8. Signature Block: Space for signatures of both parties and date of execution
1. Prior Agreements Reference: Include when the non-compete obligation relates to or modifies existing agreements
2. Industry-Specific Restrictions: Include for specialized industries with specific competitive concerns
3. Confidentiality Reference: Include when linking non-compete obligations to existing confidentiality obligations
4. Early Termination Provisions: Include if the company wants the right to waive the non-compete obligation early
5. International Scope: Include when the employee's role involves cross-border activities
1. Schedule A - Restricted Activities: Detailed list of specific activities, companies, or business sectors covered by the non-compete
2. Schedule B - Geographic Territory: Map or detailed description of the geographical area where restrictions apply
3. Schedule C - Compensation Calculation: Detailed breakdown of how the non-compete compensation will be calculated
4. Appendix 1 - Referenced Agreements: Copies or references to relevant employment agreements or other related documents
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