1. Is it possible to remove Clause 13 - Restrictive Covenants upon our Client's request?
Yes, this is possible. The risk of removing (or limiting the scope of) the restrictive covenants is that WorkMotion and/or the client will not be protected in the event that an employee decides to start working for a competitor, another client or business relation, or decides to start hiring staff. The assessment of whether this form of protection is desired or not is a business decision to be made jointly by WorkMotion and the Client.
2.Is it possible to reduce the penalty limit for certain breaches (e.g. Confidentiality) or even remove Clause 15 - Penalty completely?
Yes, this is all possible, i.e.:
limiting the scope of the penalty clause to certain provisions (e.g. only confidentiality);
reducing the penalty amount;
removing the penalty clause.
However, it is recommended to at least include a penalty in relation to (a breach of) the confidentiality clause. Without a penalty clause, WorkMotion will need to substantiate damages in the event a breach of confidentiality by the employee. Whilst if parties have agreed upon a penalty clause, the penalty will immediately be due in the event of a breach of confidentiality.
The same applies in relation to the restrictive covenants of Article 13 of the employment contract. If parties agree upon the restrictive covenants in the employment contract without a penalty clause relating to the restrictive covenants, WorkMotion will need to be able to substantiate the damages in the event of a breach of the restrictive covenants by the employee.
In terms of reducing the penalty amount, it is recommended not to go under EUR 10,000/EUR 15,000.