Does a relationship clause apply to a new employer?

Questioner

Relationship clause as included in the contract: The employee is prohibited from resigning within a period of two years after termination of the employment relationship in the Netherlands to do any form of business or to carry out activities develop for a natural or legal person who, at the time of termination of the employment contract and one or more business transactions in the twelve months preceding that contract has had contacts with the company and/or its subsidiaries, regardless of whether this occurs directly or indirectly, and/or whether this occurs for one's own benefit account or on behalf of third parties. Ask: Can I perform the same activities (online marketing) at a new employer that I currently perform at my current employer? The new employer was not a client or a relation of my current employer.

Lawyer

Based on the information you have provided, it appears that your non-solicitation clause prohibits you from engaging in business activities, directly or indirectly, for yourself or for others, with organisations with which your current employer has had business dealings in the twelve months prior to the termination of your employment. If your potential new employer was not a client or customer of your current employer, then the non-solicitation clause should not apply based on this provision. However, you may perform the same work with a new employer, unless there is also a non-competition clause in your contract with your current employer that prohibits you from doing so. In the Netherlands, the general principle is that a non-competition clause must be restrictive and must be justified by a legitimate business interest. Please note, I recommend that you discuss this with a lawyer or specialized employment lawyer to go through your specific situation and contract, so that you can get a well-founded advice. My advice is only exploratory and based on the general explanation of how relationship clauses generally function under Dutch law. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.