In the healthcare sector, non-solicitation clauses are common in employment contracts. However, these clauses can restrict your professional freedom after the contract ends. Especially with fixed-term contracts, the question arises as to whether a non-solicitation clause is legally valid and what rights and obligations you have. In this article, we discuss how a non-solicitation clause works and its consequences.
What is a relationship clause?
A non-solicitation clause is a clause in your employment contract that your employer uses to prevent you from maintaining contact with clients, patients, or other contacts of the company after your employment ends. In the healthcare sector, this is often intended to prevent employees from taking clients to a competitor or starting their own practice.
Relationship clause in a fixed-term contract
The validity of a non-solicitation clause in a temporary contract is not a given. Since the introduction of the Work and Security Act (WWZ), a non-solicitation clause in a fixed-term contract is only permitted if there is a compelling business or service interest .
Significant interest
The employer must provide written reasons for the necessity of the non-solicitation clause. In the healthcare sector, for example, this could be to protect confidential relationships with clients. Without written justification, the non-solicitation clause is invalid.
No weighty interest?
If the employer cannot demonstrate that the clause is necessary, you can have it annulled by the court. This happens frequently, especially in sectors with a tight labor market, such as healthcare.
What should you pay attention to with a relationship clause?
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Scope of the clause
Check which clients the clause applies to. Is it limited to specific clients or does it apply to all of your employer's clients? A clause that is too broadly worded may be declared invalid. -
Duration
A non-solicitation clause usually applies for a fixed period, often one or two years. An unreasonably long term can be legally challenged. -
Geographic restriction
In healthcare, it's common for the clause to apply only within a specific area. A restriction that is too broad, for example, nationwide, can be considered unreasonable.
What can you do if you have a relationship clause?
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Consult with your employer
Ask for a clear explanation of the clause and try to reach a less restrictive agreement in consultation. -
Get legal advice
A lawyer or legal aid firm can assess whether the non-competition clause is legally sound and what your options are. -
Have the clause tested by the judge
If you believe the clause is unreasonable or invalid, you can ask the court to annul it. This happens, for example, if there is no compelling interest or if the clause is disproportionate.
Conclusion
A non-solicitation clause in a fixed-term contract in the healthcare sector is only valid if there is a compelling business interest and this is substantiated in writing. It is important to carefully review the scope, duration, and geographical limitations of the clause. If you have any doubts about its validity, you should seek legal advice.
