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De Unie in action – Employed by your client, but you have a non-solicitation clause

November 01 2023

The legal specialists of De Unie assist you during various differences of opinion and conflicts in the workplace. To make it clearer what exactly you can do with us, we highlight a true situation every month. We describe the member's question, tell us what De Unie has done to resolve the situation and share the outcome. In this edition: seconded to a client who offers you a job, how do you get out of your non-solicitation clause.

 

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The problem

Our member is employed by a secondment agency, which lends her full-time to an organization. He offers her a job. She is interested in that, but her employment contract includes a non-solicitation clause. If she quits her employer, she will not be allowed to work for former clients for a year. She wonders whether that will stand in the way of her new career opportunity, and she turns to De Unie.

The principle

Employers and employees may agree on a non-solicitation clause in an employment contract for an indefinite period. But such a relationship clause can lapse if there is a secondment construction. This has to do with the Waadi: Allocation of Labor by Intermediaries Act. This sets out the rules that hiring and hiring of workers must adhere to. One of these rules concerns the 'obstruction ban'. As a result, employers may not prevent an employee from taking up employment with the client after a secondment, if the following conditions are met:

  • there is an organization that lends labor power to other organizations
  • the lender receives compensation from the hirer for this
  • the employee works under the supervision and direction of the hirer

In the case of our member, the above criteria were met, as a result of which the prohibition on obstruction came into effect. The relationship clause is therefore void. So she can simply accept the job proposal.

This has De Unie done

We have pointed out the Waadi to our member. We also explained that nothing in this situation prevents her from joining her client. We also advised her to simply discuss this with her employer.

Solution

The conversation with the employer worked: our member was allowed to work for her client.

Need help from our legal specialists?

Not every situation is the same. Please contact us immediately: our legal specialists will be happy to assist you. For example, if you do not receive employment conditions, even though you are entitled to them. Our Service Center can be reached every working day from 8.30:17.00 AM to XNUMX:XNUMX PM sc@unie.nl and 0345 851 963.

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