Around the TU Delft campus, where international expats cycle daily along the Schie to their workplaces, increasing uncertainty is arising over broadly formulated non-compete clauses (concurrentiebeding) in employment contracts. The bill that has been under consideration since 2024 is approaching its decisive phase in the Tweede Kamer in 2026 and promises far-reaching adjustments.
Background to the reform
Judges at the Rechtbank Den Haag scrutinise existing clauses strictly. In approximately sixty per cent of cases this leads to moderation or full annulment, because the wording is too vague or the compelling interest is insufficiently substantiated. This creates uncertainty for both employers and employees in the region.
Key changes in the proposal
Written motivation mandatory
As is already the case with fixed-term contracts, a concrete motivation of the business interest must henceforth be included in the clause for permanent contracts as well. If this motivation is absent, the clause is null and void.
Statutory limits on duration and scope
The proposal sets clear maxima:
- Maximum duration of one year after termination of the employment relationship
- Geographical scope limited to fifty kilometres (with exceptions for certain sectors)
- Restriction to specific duties instead of a general prohibition on working in the sector
Mandatory compensation
Employers must pay a monthly allowance, indicatively fifty per cent of the last-earned gross monthly salary, for as long as the clause remains in force. If the clause is not invoked, the obligation lapses. This discourages excessive use of standard clauses.
Prohibition below income threshold
For employees with an annual salary up to fifty thousand euros, a non-compete clause (concurrentiebeding) will no longer be permitted. This affects many technical and administrative positions commonly found at companies around TU Delft.
Preparation for employers
It is advisable to take action now. Review existing contracts for necessity and specificity. Replace vague provisions with targeted, motivated variants. Consider removing clauses for lower income groups, as these will probably become invalid. Also calculate the financial consequences of the new compensation obligation. For advice you can contact the Arslan office at Phoenixstraat 16, 2611 AL Delft, reachable on 070 - 4500 300.
Information for employees
Do you have a non-compete clause (concurrentiebeding) in your contract? If your salary is below fifty thousand euros, the clause will be virtually certain to be invalid after entry into force. For higher incomes: check whether a motivation is present. Without motivation the clause is immediately unenforceable in new contracts. Upon termination, request in writing whether the employer intends to maintain the clause; if no response is received, the clause lapses after fourteen days. The Juridisch Loket Delft can provide assistance in this regard.
Expected timeline
Plenary consideration in the Tweede Kamer is expected by the end of 2026. After any adoption, consideration in the Eerste Kamer will follow. Entry into force before 1 January 2027 is unlikely. Until that date article 7:653 BW remains in force unchanged, although judges are already anticipating the forthcoming guidelines.