How strict is a non-competition clause in an employment contract and how is it implemented in practice?

Questioner

Last week I was offered a contract at a company in which an article about non-solicitation clause is described. In the contract it says under this article (company/employer X): 'The employee undertakes to comply with the following requirements both during the employment contract and within one year after the not to perform any work or in any way (business) activities for the end thereof or together with a relationship or potential relationship of X, whether directly or indirectly occurs, for one's own account or for the account of third parties, for a fee or free of charge. Relations of X are understood to mean: all relations (natural or legal persons) for who the employee in the twelve months preceding the end date of the employment contract has performed work and/or with whom the employee has been in contact during that period on the basis of his employment contract has had any contact whatsoever. Potential relations of X are understood to mean: all third parties (natural or legal entities) to which X has been granted in the twelve months preceding the end date of the employment relationship has made or is making written offers and in which the employee has been involved in any way under his employment contract. X may grant the employee an exemption from the relationship clause, which exemption X does not apply to unreasonable grounds. If the employee wishes a (partial) exemption, he must submit a written, motivated request to his Sector Lead and the HR Director, (if applicable) information about the new employer, the position to be filled and the new perform activities, as well as the (potential) relationship(s) of X for which the employee wishes to work. ' It is an IT consultancy company with an employment contract and I am therefore in direct or indirect contact with the clients. Suppose I would receive a good offer from one of these clients to come and work for them directly, whether or not in a comparable position with comparable assignments, then I do not want to be hindered in making this transition by company X (in this case). I would also prefer to see this article removed from my contract. If that does not work, I wondered whether a company can generally 'get this done' in court or whether the company actually has no leg to stand on. In other words, to what extent can a company hinder you from going to work for a client with comparable functional activities (assuming that the client is not a competitor of company X)? Later in the employment contract there is an article in which a 'penalty provision' is stated in the event that you violate this article on the relationship clause. This amounts to a fixed amount of 10,000 EU + 1,000 EU per day that the article is or is violated. Hopefully you can help me.

Lawyer

A relationship clause in a written employment contract with an adult employee is in principle legally valid. A relationship clause is often seen as the milder form of a non-competition clause (NCB). In that relationship, there must also be competition. Any relationship clause can be moderated or set to zero by the judge. How hard it is or how hard the employer will play it in due time is therefore impossible to predict.