A non-compete clause can restrict competing work after employment ends. A non-solicitation or relationship clause (relatiebeding) focuses on particular customers or business relationships. Neither is automatically enforceable merely because it appears in a contract. This guide concerns Dutch employment law and explains scope, release, court remedies and possible penalties.
Legal content updated: 20 October 2026.
Start with the exact restriction
Identify the activities, competitors, customers, geographical area, duration and penalties described. “Approaching clients” is not identical to accepting work from a client who contacts you. There is no general rule that every conversation with a former customer is forbidden.
If you only have a relationship clause, this does not automatically prohibit joining a competitor. You must still respect the activities covered by that clause, confidentiality obligations and the rules against unlawful conduct. A clause restricting work after employment falls within the protection of Article 7:653 BW; labels alone do not determine the legal result.
Validity: writing, age and contract type
- Written agreement: the employee must agree in writing. Where the clause is in separate employment conditions, check the signed document, its reference to attached conditions, or the employee’s express written agreement to the clause. Simply knowing about a handbook is not enough.
- Adult employee: the employee must be at least 18 when agreeing to the clause.
- Fixed-term contract: a written justification accompanying the clause must establish why compelling business or service interests make it necessary. Missing justification and insufficient substantive necessity are different problems: the latter can lead to annulment by the court.
For the signed documents and evidence to collect, see the separate validity guide. A major change in duties can require reassessment where the clause becomes substantially more burdensome. Do not assume every promotion either preserves or invalidates it automatically.
Freelance contracts require a separate assessment. Article 7:653 does not simply apply to every genuine contractor; the actual legal status of the relationship and other applicable rules matter.
Does the clause continue after dismissal?
A valid clause does not automatically disappear if the employer dismisses you, does not renew a fixed-term contract or ends employment during probation. First check the clause itself and any settlement agreement or written release. Economic dismissal likewise does not create a general exemption.
Under Article 7:653(4), the employer cannot rely on the clause if the ending or non-renewal of employment results from its seriously culpable conduct. The connection with the ending matters: an unrelated past mistake does not automatically cancel the clause. The court may also balance the interests; limited access to sensitive knowledge or very short service may be relevant but is not an automatic release.
What can a court do?
The court may annul the clause wholly or partly where, compared with the employer’s legitimate protected interest, it unfairly disadvantages the employee. A fixed-term clause may be annulled if the required business necessity is absent. The assessment can involve the knowledge and client contacts actually acquired, the new role, employment prospects, financial consequences and the scope of the restriction.
In urgent proceedings (kort geding), an employee may seek suspension while the employer may seek an injunction or enforce a penalty. The decision is provisional. A full merits case can determine annulment and other final remedies.
Compensation for being restricted
Article 7:653(5) allows the court to order a payment for the duration of a restriction that significantly prevents the employee from working elsewhere. It is a separate statutory remedy, not transition compensation and not an automatic fixed percentage of salary. The court assesses the circumstances. It is not payable where the ending or non-renewal results from the employee’s seriously culpable conduct.
Negotiate before starting the new work
Ask for written release, a shorter period, a narrower list of clients or specific permission for the proposed job. A useful request identifies the new role and explains why it does not threaten the protected interest without disclosing unnecessary confidential information. In a settlement agreement, deal expressly with the clause, confidentiality and any penalty provision.
Mediation can help parties reach their own agreement, but a mediator does not invalidate a clause. The regelrechter is also not an arbitrator: it is a judge within the participating district courts. A suitable case can be submitted without the other party’s consent, but employment-termination disputes are excluded. Check the current conditions and obtain advice about scope and urgency.
What if you breach the clause?
The employer may seek compliance, an injunction, contractual penalties or, where the requirements are met, damages. Read whether a penalty applies per breach, per day or both. Judicial reduction of a penalty is not guaranteed. Obtain an agreement or court decision before assuming a disputed clause can be ignored.
Fictional examples
These are illustrations, not reported court decisions or client cases.
- A temporary employee is given a generic justification referring only to “company interests”. Whether that establishes the necessary concrete business interest must be assessed; the court may annul the clause.
- A salesperson is restricted from serving all historic customers for two years. The court could consider narrowing the restriction in light of actual customer contact and the employee’s disadvantage.
- An employee negotiates written permission to join a named competitor. The permitted activities and any remaining client restrictions should be stated clearly; permission is not a general statutory entitlement.
Reform: proposal versus current law
Checked on 20 October 2026: the government still describes a proposed maximum duration, geographical specification and mandatory employer payment as planned reforms. Do not treat these proposals as existing entitlements. Read the government explanation alongside the current Article 7:653 BW.
Before you decide
Collect the signed contract, attachments, later amendments, termination documents, clause wording and proposed new-job details. Separate validity, interpretation, enforceability and remedies. For help with that assessment, contact Arslan Advocaten.
Frequently asked questions
Is a non-compete clause valid in a fixed-term contract?
Only if a written explanation accompanying the clause shows why compelling business or service interests make it necessary. Without that explanation the clause is not valid. If an explanation exists but the necessity is not established, the court can annul the clause.
Does every contact with a former customer breach a relationship clause?
No. The wording determines which customers and conduct are covered. Soliciting a customer, serving a customer who approaches you and ordinary contact are different activities. Have the precise wording assessed before acting.
Does the clause end when my employer dismisses me?
Not automatically. A valid clause may continue after dismissal, non-renewal or termination during probation. Check the wording and any agreed release. Article 7:653(4) prevents the employer relying on it where termination or non-renewal results from the employer’s seriously culpable conduct.
Can the court award compensation for the restriction?
Under Article 7:653(5), the court can award a payment for the restriction period where the clause significantly prevents you from working elsewhere. This is not transition compensation. The statutory exception for seriously culpable employee conduct must also be checked.
How long may a non-compete clause last?
As checked on 20 October 2026, the current Dutch rule has no general one-year maximum. The court can assess whether the restriction unfairly disadvantages the employee compared with the employer’s protected interest. The proposed reform is not yet the applicable law.
Is the regelrechter an arbitrator?
No. It is a judge within a participating district court. A suitable case can be submitted without the other party’s agreement. Employment-termination disputes are excluded. Check the scheme’s scope and whether urgent court proceedings are more appropriate.
For the strict written-agreement requirement, see Supreme Court, 3 March 2017.
