The following are the issues as I see them;
1. I am listed as a 'Sales Director' for Genkey - a Dutch company on their website.
2. However I am actually an independent contractor. They have just issued a new Professional Services Agreement which contains the following;
'the laws of Netherlands governs this agreement'...So I guess I can't use UK law.
3. The contentious issue is that they are basically stopping me from working in this industry (an industry where I have been working for the last 10 -15 years - dependent on what you define as 'similar' - which is the term they use). This agreement prohibits me from working in this industry or similar for 24 months or I could be liable to a €1,000 per day that I am working with another company., should I exercise my right to leave their 'employ'.
I hope the legal advice (from EU) will be that this violates my right to work - and that because I came to them having already successfully worked in this industry for many years that they are impinging my rights.
Furthermore they will NEVER be able to recruit anyone (with relevant experience) with this term in their contract - so my next concern is whether this is a clumsy attempt to get me to leave them as I get older. (I am now 61).
I saw your mail (which states I did not reply to the ABOVE message. Unfortunately i can't connect to your server to reply to that message. Instead I am reiterating to you that I DID REPOND yesterday and as you will see from this link I supplied additional information.
It seems i am waiting for someone with an understanding of EU employment (or more specifically) self-employed contractor employment rules to explain whether I can reject the clause described above. Please adjust your records to reflect that i have responded to your email.
I would appreciate a reply with some sort of information as soon as possible.
I am still looking to hear from an expert in EU employment (or contractor law).
I am a self employed contractor but am governed by a 'Professional Services Agreement' and this agreement seeks to prohibit me from working in this industry (without written permission) for the next 2 years or face a €1,000 per day fine.
Please ask someone with knowledge of EU law to respond. I originally submitted my question on Monday so would appreciate some response...
I can wait a little longer. I was supposed to sign this agreement yesterday but i think I can delay a few more days. However if it is proving difficult to find someone with EU law expertise then please pass it back to a UK law expert to ask ...'if this was governed by english law then what would be the opinion of the english law expert...'
at least I can then respond to say that under english law it would be ......etc, etc...