Non-Solicitation Clause (Relatiebeding) in the Netherlands

Eva Jongepier - employment lawyer in the Netherlands
April 23rd, 2026

Non-Solicitation Clause (Relatiebeding) in Dutch Employment Law

A relatiebeding (non-solicitation or client-protection clause) prohibits a former employee from approaching, soliciting, or doing business with former clients, customers, or specific contacts of the employer after the employment relationship has ended. It is distinct from a concurrentiebeding (non-competition clause), which restricts the employee from working for competitors altogether. The relatiebeding focuses specifically on the employer's client relationships rather than the employee's freedom to compete.

Under Dutch law, the relatiebeding must be agreed in writing and must be specific enough to give the employee a clear understanding of which relationships are covered. A clause that purports to cover all business contacts an employee has ever had, without limitation in time or scope, is likely to be reduced or declared void by the subdistrict court as disproportionate.

Requirements for a valid relatiebeding under Dutch law

Written agreement: Must be included in the employment contract or a separate written addendum signed by the employee.
Adult employee: For employees under 18, additional requirements apply.
Defined scope: The clause should specify which clients or categories of contacts are covered - ideally by reference to actual clients the employee serviced.
Reasonable duration: Dutch courts assess proportionality strictly. A prohibition of six to twelve months is generally defensible; longer periods require compelling justification.
Geographic or sectoral limitation: Helpful but not mandatory; unlimited global coverage will invite challenge.

Enforcement and penalties under Dutch employment law

Breach of a relatiebeding typically triggers a contractual penalty (boetebeding) that the employer may claim without proof of actual damage. Courts retain the power to mitigate penalties that are disproportionate to the actual harm. The employer may also seek an injunction in summary proceedings (kort geding) requiring the employee to cease the prohibited activity. See our pages on penalty clauses and confidentiality clauses for related restrictions. Consult an employment lawyer in the Netherlands before including or enforcing a relatiebeding. Article 7:653 of the Dutch Civil Code applies to the relatiebeding in the same way as to the concurrentiebeding: the court may wholly or partially set aside the clause if the employee is unfairly disadvantaged relative to the protectable interests of the employer. Where a linked penalty clause (boetebeding) is included, the court retains power to mitigate that penalty under Article 6:94 of the Dutch Civil Code. If the clause substantially restricts the employee from working elsewhere, the court may also order the employer to pay compensation for the duration of the restraint - though no compensation is owed if the employment ended because of seriously culpable conduct by the employee.

Frequently Asked Questions

What is the difference between a relatiebeding and a concurrentiebeding?

A concurrentiebeding prohibits the employee from working for a competitor in a broader sense. A relatiebeding only prohibits the employee from approaching or servicing the employer's specific clients. The relatiebeding is generally easier to enforce because it is more targeted and protects a concrete business interest. Both types of clause must be agreed in writing and may be challenged on grounds of disproportionality.

Can a relatiebeding be enforced against an employee who was made redundant?

Yes, in principle - the relatiebeding remains binding after redundancy dismissal. However, courts assess proportionality more critically where the employer terminated the relationship; an employee who was dismissed for economic reasons and is then prevented from approaching former clients may receive significant judicial sympathy. The employer should consider whether strict enforcement is justified given its own role in ending the employment.

Is a relatiebeding in a fixed-term contract valid?

For fixed-term contracts, the rules on relatiebeding largely parallel those for concurrentiebeding: in principle, a fixed-term employment contract may include a relatiebeding, but it must be accompanied by a written explanation of the compelling business reasons that justify it, following the 2015 legislative amendments to Article 7:653 of the Dutch Civil Code. Courts may set aside a relatiebeding in a fixed-term contract that lacks this substantiation.

Can a client personally be sued for breach of a relatiebeding?

No. The relatiebeding binds only the employee, not the client. However, a client who actively induces an employee to breach their relatiebeding may be liable in tort under Article 6:162 of the Dutch Civil Code for unlawfully facilitating the breach, particularly if the client knew of the clause. Legal action against clients is uncommon in practice, but it is a viable option in serious cases.