{"id":6119,"date":"2025-04-15T12:25:48","date_gmt":"2025-04-15T09:25:48","guid":{"rendered":"https:\/\/arbeidsadvocaat.nl\/how-does-a-relationship-clause-work-and-when-is-it-valid\/"},"modified":"2026-08-16T15:46:41","modified_gmt":"2026-08-16T12:46:41","slug":"how-does-a-relationship-clause-work-and-when-is-it-valid","status":"publish","type":"post","link":"https:\/\/arbeidsadvocaat.nl\/en\/how-does-a-relationship-clause-work-and-when-is-it-valid\/","title":{"rendered":"How does a relationship clause work, and when is it valid?"},"content":{"rendered":"\n

Introduction<\/strong><\/h4>\n\n

Many employees are familiar with non-compete clauses<\/a>, but relationship clauses often receive <\/a>less attention\u2014and unjustly so. This clause can have significant consequences for an employee\u2019s freedom to maintain business contacts after the end of their employment. This blog explains what a client relationship clause entails, when it is legally valid, and what the risks are if it is violated. <\/p>\n\n

What is a relationship clause?<\/strong><\/h4>\n\n

A business relations clause is a provision in an employment contract that stipulates that an employee may not maintain contact with the former employer\u2019s business contacts after leaving the company. This includes customers, suppliers, clients, or other business contacts that the employee got to know during the course of employment. <\/p>\n\n

The purpose of the clause is to protect the employer\u2019s business network. By preventing employees from \u201ctaking\u201d business relationships with them when they join a competitor or become self-employed, the former employer\u2019s position in the market is protected. The restriction typically applies for a specified period, such as six or twelve months, and often includes a geographic or business-related limitation. <\/p>\n\n

When is a relationship clause valid?<\/strong><\/h4>\n\n

Like a non-competition clause, a non-solicitation clause must meet certain legal requirements. In the case of temporary employment contracts, a non-solicitation clause is, in principle, invalid unless the employer can demonstrate that there are compelling business interests. Furthermore, these interests must be specifically stated in writing in the clause itself. <\/p>\n\n

In the case of employment contracts for an indefinite term, a relationship clause is permitted, provided that the clause is clearly and specifically worded and is not unreasonable. In this regard, it is important that: <\/p>\n\n

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  • the group of relationships is described in sufficiently concrete terms;<\/li>\n\n\n\n
  • the ban is limited in duration and scope;<\/li>\n\n\n\n
  • the wording is clear and not too general.<\/li>\n<\/ul>\n\n

    Judges apply strict scrutiny and may set aside the clause in whole or in part if it is too broad or unclear.<\/p>\n\n

    Please note: LinkedIn connections may also be prohibited<\/strong><\/h4>\n\n

    A non-solicitation clause can have broader implications than many people realize. There have been court rulings in which sending a connection request via LinkedIn to a former client was deemed a violation of the non-solicitation clause. Even if no actual sales message is sent, such contact alone may be sufficient to constitute a violation. <\/p>\n\n

    On the other hand, a general announcement on social media\u2014for example, about starting one\u2019s own business\u2014may be permitted under certain circumstances, provided it is not directed at contacts from the former employer. The context and wording are decisive in such situations. <\/p>\n\n

    What are the consequences of a violation?<\/strong><\/h4>\n\n

    If a non-compete clause is violated, this can have significant financial consequences. In most employment contracts, the clause is linked to a penalty provision. This means that for each violation, a fine that is immediately due and payable is owed. Sometimes this is a one-time amount per violation, but it can also be a daily fine for as long as the contact continues. <\/p>\n\n

    In addition, the (former) employer may seek damages or initiate legal proceedings to enforce compliance. It is therefore essential to seek legal advice in advance if there is any doubt about what is or is not permitted under the non-compete clause. <\/p>\n\n

    Conclusion<\/strong><\/h4>\n\n

    A post-employment non-compete clause can significantly restrict an employee\u2019s freedom after leaving the company, especially when it comes to customer contacts or the use of social media. The validity and enforceability of the clause depend heavily on its wording, the type of employment contract, and the justification of the employer\u2019s interest. It is therefore important for both employers and employees to take the non-compete clause seriously and to draft it carefully or have it reviewed. <\/p>\n\n

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