Non-Compete Clause During and After Probationary Period in Delft

In Delft, with its thriving tech and startup scene around TU Delft, a non-compete clause linked to the probationary period poses risks for both employers and employees. If the probationary period is void, the clause may be partially invalid, particularly in cases of disproportionate burden (Article 7:653 of the Dutch Civil Code). During a valid probationary period, a non-compete clause is permitted, but after its conclusion, stricter rules apply: written documentation, penalty clauses, and a reasonable duration (maximum of one year). If the probationary period is void under Article 7:667c of the Dutch Civil Code, the probationary period clause is nullified, while the main contract remains intact. Courts in Delft, such as in cases before the District Court of Rotterdam (ECLI:NL:RBROT:2022:789), rigorously assess potential abuse and invalidate clauses following a void probationary period, especially concerning innovative companies in the region. Consider startups in the Delft Campus that use vague formulations to retain talent. Employers: decouple the non-compete clause from the probationary period to ensure validity. Employees in Delft: challenge the clause when switching to a local competitor, such as university spin-offs. Practical examples highlight abuse through unclear clauses in high-tech employment contracts. Advice: engage a Delft-based lawyer for assessment and negotiate penalty exemptions. The 2024 legislative amendment eases requirements for startups but offers no relief in cases of nullity. This helps avoid legal pitfalls in Delft's dynamic labor market and surrounding areas.