Relationship Clause in Employment Law for Rijswijk

Relationship Clause for Employees in Rijswijk

A relationship clause in your employment contract restricts you after termination from doing business with your former employer's clients in Rijswijk. This protects local business interests but must meet strict requirements. For Rijswijk residents, we explain how it works, its validity, and key details, including assistance from the Rijswijk District Court.

What is a relationship clause in Rijswijk?

In Rijswijk, home to many IT and staffing firms, a relationship clause targets the client relationships you developed. Unlike a non-compete clause, which blocks entire sectors, it only prohibits contact with specific (former) clients. This stops your employer from losing local contacts to your new role.

Example: As an account manager at a Rijswijk software firm, you handle ties with three regional clients. The clause may bar you for one year from approaching them on your own behalf or for others. It must be in writing, specifying relationships, duration, and region, such as the greater Hague area.

Legal rules for relationship clauses

There is no specific law for relationship clauses, unlike non-compete clauses. Since 2020, Article 7:653 paragraph 1 DCC requires non-competes to be in writing, clearly described, and accompanied by at least 50% transition payment. The Supreme Court (ECLI:NL:HR:2022:390) ruled in 2022 that relationship clauses are exempt: they are 'relative' and client-specific, thus less stringent. Still, it must be reasonable and fair (art. 6:248 DCC) and not unduly hinder your job search in Rijswijk.

Differences: relationship clause vs. non-compete clause

Here's a clear overview:

Learn more about the non-compete clause in our detailed article.

Requirements for a valid relationship clause in Rijswijk

For validity in your contract, these conditions apply:

• In writing.
• Specific: names or client groups (e.g., 'your Rijswijk clients').
• Reasonable duration: 6-12 months; longer rarely upheld by Rijswijk District Court.
• Regionally limited: Rijswijk and surroundings only.
• Necessary: employer must prove need, e.g., via confidential information.

Vague clauses like 'all relationships' are struck down by the Rijswijk District Court.

Real-world examples from Rijswijk and area

Example 1: Jan at a Rijswijk staffing firm contacts a Hague client after leaving. Rijswijk District Court enforces the clause (12 months): Jan pays damages.

Example 2: Marie, salesperson at a Rijswijk real estate agency, fields a call from an ex-client. Her broad clause ('clients from past year') is invalidated by Rijswijk District Court: no active solicitation.

Example 3: A local IT firm imposes a 2-year clause on a junior: Rijswijk District Court finds it disproportionate.

Your rights and obligations under a relationship clause

Rights as an employee in Rijswijk

1. Review and negotiate on hiring; adjust duration.
2. Challenge unreasonable clauses at Rijswijk District Court.
3. No penalty for passive contact (unless specified).

Consult the Rijswijk Legal Aid Office for free advice.

Employee obligations

• Avoid breaches to prevent Rijswijk District Court proceedings.
• Check new jobs for client overlap.

Employers in Rijswijk

May claim penalties or damages but must prove violations. Lawsuits often go to Rijswijk District Court.

Frequently asked questions about relationship clauses