Relationship Clause in Employment Law for Tilburg

Relationship Clause

In Tilburg, a relationship clause often appears in employment contracts of local companies. This clause prohibits you from contacting customers of your former employer after you leave. It protects their business relationships but must meet strict requirements to be enforceable. As a Tilburg resident, read here about how it works, its validity, and tips, including help via the Juridisch Loket Tilburg.

What Does a Relationship Clause Mean for Employees in Tilburg?

A relationship clause restricts you only with regard to specific customer contacts that you developed during your employment with a Tilburg employer. Unlike a non-compete clause, which excludes entire industries, this focuses solely on those individual relationships. It prevents you from taking established connections to a new job.

Example: As an account manager at a Tilburg software company, you maintain ties with customers like the Gemeente Tilburg. The clause may then prohibit you for one year from approaching those customers for yourself or another company. It must be in writing, with precise details on relationships, duration, and region such as Central Brabant.

Legal Rules for Relationship Clauses

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

In 2022, the Supreme Court ruled (ECLI:NL:HR:2022:390) that relationship clauses fall outside this. They are 'relational' and governed by reasonableness and fairness (Article 6:248 BW). They may not unduly restrict your freedom to work in Tilburg.

Non-Compete Clause versus Relationship Clause

Here is an overview of the key differences:

Learn more about the non-compete clause.

Requirements for a Valid Relationship Clause in Tilburg

For enforceability in the Tilburg region:

• In writing in your contract.
• Precisely defined (e.g., 'customers in Tilburg you worked with').
• Reasonable duration: typically 6-12 months; longer requires proof.
• Geographic limit: restricted to North Brabant or Tilburg.
• Essential: employer must prove necessity, such as for sensitive data.

Vaguely worded clauses, such as 'all company contacts', are usually declared invalid by the sub-district judge of the Rechtbank Zeeland-West-Brabant in Breda.

Practical Cases from Brabant

Case 1: Jan, at a Tilburg staffing agency, maintains contact with the Gemeente Tilburg. After leaving, he approaches them. The court upholds the clause (12 months); Jan pays damages.

Case 2: Marie, a salesperson at a Tilburg real estate agency, receives a call from a former client. Her broad clause ('clients from the last year') is struck down: no active breach.

Case 3: A junior at a local IT firm gets a 2-year clause: the Breda court rejects it due to excessive duration.

Your Rights and Obligations Regarding Relationship Clauses

Rights as a Tilburg Employee

1. Review and negotiate the clause upon joining.
2. Initiate proceedings at the Rechtbank Zeeland-West-Brabant (Breda) if unreasonable.
3. No penalty for passive contacts (unless explicitly stated).

Employee Obligations

• Avoid breaches to prevent claims.
• Assess new jobs for conflicts.

Tilburg Employer

They can impose fines or claims but must provide proof. In disputes: expect a case before the local sub-district judge.

For advice: call the Juridisch Loket Tilburg (013-5305100).

Frequently Asked Questions about Relationship Clauses in Tilburg