A non-solicitation clause is a contractual restriction that prohibits a former employee from actively soliciting the employer's clients, customers, or colleagues for a specified period after their employment ends. Client non-solicitation clauses protect existing commercial relationships, while employee non-solicitation (or anti-poaching) clauses prevent a departing employee from recruiting colleagues to a new employer. Both types are commonly included in employment contracts, settlement agreements, and shareholder arrangements.
The enforceability of non-solicitation clauses varies significantly by jurisdiction and depends on whether the restriction is proportionate in scope, geographic reach, and duration. Courts generally take a more permissive view of non-solicitation clauses than non-compete clauses because the former do not prevent a person from working in their field -- they merely restrict how the person may pursue new business. A clause that goes beyond preventing active solicitation and effectively functions as a de facto non-compete may be struck down or narrowed.
In the Netherlands, non-solicitation provisions covering clients are referred to as a relatiebeding (relationship clause), while provisions targeting colleagues are sometimes termed an anti-ronselbeding. Both require a clear written basis in the employment agreement and must be justified by a legitimate employer interest. Dutch courts assess these clauses against the standard of reasonableness and proportionality. Since the introduction of the Wet arbeidsmarkt in balans, employers must demonstrate a substantial business interest to enforce a non-compete or analogous restriction against employees with temporary contracts.