Non-compete and relationship clauses: changing jobs without surprises

Non-compete and relationship clauses: changing jobs without surprises

A new job, your own business or an assignment may clash with a non-compete clause in an old contract. Start with its precise wording and future activities. A clause is not always valid, but ignoring it can trigger a penalty or proceedings. Discussing restrictions beforehand lets you request a targeted release and plan a legally and practically feasible move.

A fixed-term contract requires a specific written justification of compelling interests.

A relationship clause can restrict you even when working for competitors is permitted.

As at 17 October 2026, the announced reform is not yet a new general rule in force.

1. Read competition, relationships and confidentiality together

A non-compete clause restricts activities after employment, for example with particular employers, in an area or for a period. A relationship clause, or relatiebeding, targets customers, suppliers or other relationships. A confidentiality clause protects information and can continue alongside it. Permission to join a competitor therefore does not automatically allow approaching former customers.

Collect the original contract, renewals, role changes and any VSO. Look at definitions of competitor, indirect involvement and prohibited activities. Some wording also covers your own business, freelancing or a financial interest. Then describe the actual activity you want to pursue. Without that picture, it is difficult to assess where the wording causes practical difficulties.

2. Check statutory validity

For employees, a non-compete clause must be agreed in writing with an adult employee. A fixed-term contract additionally requires the employer to explain in the clause which compelling business or service interests make the restriction necessary. A general wish to retain staff is not the same question as protecting specific business information or relationships.

Have the justification assessed in relation to your role. Which sensitive information did you see, how long is it valuable and why is a less restrictive arrangement insufficient? Standard wording may be vulnerable, but that does not make every fixed-term non-compete invalid. A relationship clause restricting post-employment work choices can fall under the same protective rules. Also check whether you could understand the text when signing. Rechtspraak expressly identifies language understood by the employee as a point relevant to validity; keep any communications about how the clause was explained.

3. Changes of role and the end of employment

An old clause may raise new questions if your role changes substantially and the restriction becomes more onerous. Promotion does not automatically remove a clause. Record changes to duties, knowledge and responsibilities and whether you signed again. This helps assess the clause’s actual effect.

Dismissal by the employer does not automatically remove it either. The termination route, seriously culpable employer conduct and settlement wording can matter. With a VSO, expressly ask which restrictions end. A general statement that all other arrangements continue may leave the most important obstacle to your next job intact.

4. Identify scope and penalty risk

Check duration, area and prohibited activities separately. National operations do not automatically justify an unlimited restriction on every role. Compare old and new work: customer contact, product knowledge and access to confidential information can matter. The consequences for your income and development are also important.

Read the penalty clause carefully. Is an amount payable per breach, per day or both? Can the employer also claim damages? Possible judicial reduction is not a reason to let the risk arise first. For a penalty demand, ask for the actual breach, period and calculation. Do not assume without assessment that a high sum is merely intended to intimidate.

5. Negotiate release or a narrower restriction

A targeted release is easier to discuss than an abstract request to remove everything. Describe the new employer, role and start date and, where needed, offer limits on specific customers or activities. Do not share the prospective employer’s confidential information. Request written agreement precise enough to state what is allowed and which penalties will not be invoked.

Also state whether permission is one-off or applies to a wider category of work. An oral “it will be fine” can later cause evidence problems. If necessary, discuss a shorter duration, limited area or list of specific relationships. Tell the new employer promptly about relevant restrictions so you do not promise a start date that only becomes workable after proceedings.

Example: competitors allowed but customers still restricted

Your employer releases the non-compete but retains the relationship clause. Ask which customers this covers and whether your new role involves them. The first release does not automatically resolve the second restriction.

6. If discussions do not produce a solution

A court can assess validity and the balance of interests. Urgent proceedings can suspend a clause wholly or partly; full proceedings can annul it. An interim decision is not the same as final permission for every future activity. Ask which procedure fits the urgency of your move and which documents are needed.

Prepare a comparison of roles, interests and income effects. Keep evidence of discussions and alternatives you proposed. A lawyer is generally not compulsory in the subdistrict court, but these disputes can quickly become complex. A penalty demand, urgent proceedings and start-date negotiations often require coordinated steps. Seek clarity before starting the new work.

7. Do not apply new legislation before it is in force

The government wants to reform non-compete clauses. Government information checked on 17 October 2026 still describes a bill including a one-year maximum, geographical definition and payment when a clause is invoked. Submission to the House of Representatives is expected in late 2026. These plans are therefore not general current rights on which to base an unchecked move.

Keep the date your advice and contract review were obtained. If legislation later enters into force, transition rules and scope matter: old and new arrangements may be treated differently. Your next step still depends on current wording, applicable law and a specific written agreement. A news report about political support does not release an existing clause.

Collect all signed clauses and later amendments.

Describe the new employer, role, customers and start date.

Check the fixed-term justification and possible penalties.

Request specific written release or limitation.

If blocked, identify the appropriate court route promptly.

Is a non-compete always invalid in a fixed-term contract?

No. An exception exists for compelling business or service interests justified in writing. The justification must fit the role and circumstances. Have the substance assessed; a few standard sentences do not decide everything.

Can I approach former customers through social media?

That depends on the relationship clause, activity and any confidentiality arrangements. A public connection differs from active commercial contact, but wording and facts matter. Seek clarity beforehand if your role requires it.

Does the clause remain if my employer dismisses me?

It can. Employer-initiated termination does not automatically make the clause unenforceable. Seriously culpable conduct, the termination agreement and other circumstances may matter. Have it resolved expressly.

Must my employer now pay me as standard for the restriction?

The announced reform introducing payment is still a proposal according to checked government information. Do not assume a general new payment duty. Specific existing legal options or payment arrangements may nevertheless be relevant.

Sources and editorial notes
Sources current as of: October 17, 2026
1. Rijksoverheid: current requirements and reform proposal
Publisher: Rijksoverheid
https://www.rijksoverheid.nl/documenten/vraag-en-antwoord/arbeidsovereenkomst-en-cao/wat-is-een-concurrentiebeding
2. Rechtspraak: non-compete and relationship clauses
Publisher: Rechtspraak
https://www.rechtspraak.nl/onderwerpen/concurrentiebeding
3. Rechtspraak: urgent proceedings and suspension
Publisher: Rechtspraak
https://www.rechtspraak.nl/onderwerpen/concurrentiebeding/spoedprocedure-concurrentiebeding-werkgever
4. Rechtspraak: full proceedings
Publisher: Rechtspraak
https://www.rechtspraak.nl/onderwerpen/concurrentiebeding/uitgebreide-procedure-concurrentiebeding-werkgever
The source publications are in Dutch. All language editions cover Dutch law.