Context: I currently live in India and working remotely as a Software Engineer for a Dutch company since August 2018. I have got a residence permit for the Netherlands starting next month and was about to migrate for the company. During the last 4 months, I have been working over 60 hours a week and completed the must-have features of the product.
I had signed an employment contract that states:
Parties are free to terminate this agreement prematurely taking into account the statutory notice periods. Notice of termination will only be valid if it is in writing.
The term of notice of termination to be observed by the Employer is, when the employment agreement on the effective termination date has lasted: (a) shorter than five years: one month; (b) five years or longer, but shorter than ten years: two months; (c) ten years or longer, but shorter than fifteen years: three months; (d) fifteen years or longer: four months.
The term of notice of termination to be observed by the Employee is one month.
Further, Article 15 - Governing law and jurisdiction
This agreement, and all non-contractual rights and obligations arising thereto, are governed by and will be interpreted in accordance with the laws of The Netherlands.
All disputes related to this agreement, or the agreements concluded in the performance of or in connection with this agreement, will be submitted exclusively to the competent court of Midden-Nederland.
On the 3rd of December 2018, I have been verbally laid off and had been given a two months notice period to find a new job until 31st January 2019. Recently, my employer sent me an NDA with the clause below. He has provided me with no incentive to sign the NDA but he will end my work straight away without any notice period. This would hamper my chances of getting another job in the same field(AI & Software) as the company has a very generic business description and a variety of products.
Unless with the prior written consent of the Company (which shall not be withheld unreasonably), the Partner shall, for a period of 1 year following the last disclosure to it of Confidential Information not be directly or indirectly involved in any activity (aimed at) competing with the Business.
What are my options here? Can I take legal action if he decides to let me go without notice if I refuse to sign the NDA? Further, no written notice has been given yet does that mean it is still not valid?