Non-Solicitation Clause in Employment Law for Residents of Zoetermeer

Non-Solicitation Clause

A non-solicitation clause in your employment contract prohibits you, after the end of your job with an employer in Zoetermeer, from contacting specific customers of that former employer. This protects the employer's business relationships, but it is only enforceable if it meets strict requirements. This article for workers in Zoetermeer provides information on how it works, its validity, and tips for the region.

What does a non-solicitation clause entail?

A non-solicitation clause restricts you to the customer relationships you built up during your employment with your employer in Zoetermeer. Unlike a non-compete clause, which excludes entire industries, this focuses solely on those specific customers. It prevents you from taking established contacts with you to a new job.

Example: As an account manager at a Zoetermeer IT company, you maintain ties with three key accounts. The clause may prohibit you for one year from serving those customers for yourself or a new employer. It must be in writing, with precise details on the relationships involved, duration, and region.

Legal rules for non-solicitation clauses

There is no specific law for non-solicitation clauses, unlike non-compete clauses. Since January 1, 2020, Article 7:653 paragraph 1 of the Dutch Civil Code imposes strict requirements on non-compete clauses: in writing, detailed, and with compensation (at least 50% of the transition payment).

According to the Supreme Court (ECLI:NL:HR:2022:390), a non-solicitation clause falls outside these rules because it is specific and does not block total competition. However, it must be reasonable and fair (Article 6:248 Dutch Civil Code) and not disproportionately hinder your job search in Zoetermeer.

Differences between non-solicitation clause and non-compete clause

Here is an overview for clarity:

Learn more in our article on the non-compete clause.

Requirements for a valid non-solicitation clause in Zoetermeer

For validity, these conditions apply:

• In writing in your contract.
• Precision: exact list of relationships (e.g., 'customers under your management in Zoetermeer').
• Limited duration: typically 6-12 months; longer only with good reason.
• Regional limitation: limited to the activity area around Zoetermeer.
• Employer's need: demonstrable protection of interests, such as sensitive data.

Vague wording like 'all business customers' is often declared invalid by the District Court of Zoetermeer.

Practical cases relevant for Zoetermeer

Case 1: Jan, account manager at a Zoetermeer staffing agency, contacts KPN client after leaving. District Court of Zoetermeer upholds the clause (12 months); Jan pays damages.

Case 2: Marie, real estate sales agent in Zoetermeer, receives call from former client. Clause 'customers from last year' invalid: too broad and passive contact.

Case 3: IT junior with 2-year clause at Zoetermeer tech firm: struck down due to excessive duration.

Your rights and obligations under a non-solicitation clause

Employee rights

1. Review and negotiate upon joining a Zoetermeer employer.
2. Have it declared invalid by the District Court of Zoetermeer.
3. No penalty for passive contact (unless explicitly stated).

Employee obligations

• Comply to avoid proceedings.
• Analyze new job for overlaps.

Employers in Zoetermeer

May impose fines or claims with evidence. Expect potential proceedings at the District Court of Zoetermeer.

Frequently asked questions for Zoetermeer