In another recent case an employment contract contained a non-compete clause in which the Dutch word “niet” (meaning “not”) was missing. Literal interpretation of the provision therefore led to the employee not being bound by any prohibition to compete. The cantonal court decided that the statutory provisions which require non-compete clauses to be agreed in writing do not allow for courts to ‘repair’ incomplete wording if this would be detrimental to an employee. The consequence of the omission therefore was that the employee was considered not to be bound by any prohibition to compete.