Relationship clause in a settlement agreement

3 minuten mr. Mariëlle Ducaat arbeidsrecht voor werkgevers 14 maart 2021 2025

In many employment contracts, a relationship clause is included. A relationship clause limits you in maintaining contacts with relations of your employer after the end of the employment contract. A relationship clause is generally less restrictive than a non-compete clause because it does not prohibit you from entering employment somewhere after the end of the employment contract. However, some relationship clauses are very extensive and therefore still very far-reaching. Reason why it is important to make clear arrangements about this in a settlement agreement, for example that the clause lapses.

Relationship clause:

All arrangements between parties arising from the employment contract that are intended to remain in force after termination of the employment contract, such as the confidentiality clause, remain in full force with the exclusion of any non-compete clauses and/or relationship clauses.

Which relations fall under the relationship clause?

If a relationship clause has been agreed, upon termination of the employment, often the discussion arises which relations all fall under the clause. Most relationship clauses are VERY broadly formulated and therefore susceptible to multiple interpretations. A customer who last had contact with the company of your employer 5 years ago, is that a relation? Or a prospect who has had various discussions with your employer but never actually became a customer, is that a relation? To prevent such discussions, it is advisable to create complete clarity when drafting the settlement agreement. This can be done by, for example, adding a list of relations to the settlement agreement. Of course, this can also be done by determining that, as mentioned above, by signing the settlement agreement the relationship clause lapses. As an employee, you are then completely free to go and stand where you want and to maintain contacts with relations of your employer. Note; from the law still follows that it, even without further arrangements about this, is still not allowed to commit unfair competition. It is therefore still not advisable to structurally approach all relations of your employer with the aim of harming your (ex)-employer. On that, your employer can still address you on the basis of the law. Even if the relationship clause has lapsed by signing the settlement agreement.

test by the website man, this can be removed

mr. M.S. (Mariëlle) Ducaat

Jurist arbeids- en ontslagrecht

Mariëlle adviseert en procedeert namens zowel werkgever als werknemer bij arbeidsrecht gerelateerde onderwerpen. Hierbij kunt u denken aan ontslag (al dan niet middels een vaststellingsovereenkomst) maar ook disfunctioneren en ziekte. Mariëlle maakt zich graag hard voor uw belang. Bij vragen en/of opmerkingen kunt u haar bereiken via ducaat@wolderwijd-juristen.nl of 036 522 7007.

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Relationship clause in a settlement agreement

3 minuten mr. Mariëlle Ducaat arbeidsrecht voor werkgevers 14 maart 2021 2025