THE HAGUE, 02/06/06 - The Upper House is likely to vote against a proposed bill allowing companies to temporarily forbid ex-employees to work for the competition. The Christian democrats (CDA) and conservatives (VVD) back Socio-Economic Council (SER) criticisms of the bill.

CDA and VVD together form a majority in the Senate. "With a likelihood bordering on certainty, we will not vote in favour," said VVD Senator Ankie Broekers-Knol. Her CDA counterpart Rob van de Beeten added: "As spokesman, I am not convinced." The vote is in two weeks.

Under the proposed bill, companies could forbid ex-employees from working for a competitor for up to one year after the ending of their employment contract. This would have to be balanced by reasonable compensation for the ex-employee. The SER, an influential cabinet advisory body, concluded earlier this year that the change in the so-called competition clause would endanger the legal security of both the employer and the employee.

According to CDA's Van de Beeten, the ex-employee could always fight the size of the compensation in court. Staff would thus gain an unfair instrument of pressure for demanding higher compensation from their former employer.

Broekers-Knol of the VVD also termed the text of the proposed bill on the relationship clause unclear. Under this clause, companies could bar employees from taking clients of the company with them to their new job.