In an office building on Prinses Beatrixlaan in Den Haag, a specialist discovers upon departure that his old non-compete clause (concurrentiebeding) blocks him from taking a role at a competing institution only a few kilometres away. Such cases are accumulating at the Rechtbank Den Haag.
Why modernisation is urgently needed
Article 7:653 BW continues to cause problems. Judges in Den Haag moderate or annul non-compete clauses in over sixty per cent of cases. Often a clear justification is lacking or the limits are too vague. This creates uncertainty for both employers and employees in the Den Haag public-sector and IT sectors.
Key changes in the proposal
Mandatory written justification
For permanent contracts a compelling business interest must be explicitly justified. Without such justification the clause is void.
Mandatory geographical and temporal limits
Statutory maxima are being introduced:
- Maximum validity of one year after termination of employment
- Maximum geographical scope of fifty kilometres, with sector-specific exceptions
- Limited to concrete duties rather than an entire sector
Compensation obligation
Employers must pay compensation equal to approximately fifty per cent of the employee’s last gross monthly salary for each month the clause remains in force. If the clause is not invoked, the obligation lapses. This discourages superfluous clauses.
Prohibition on non-compete clauses for low earners
Employees earning less than fifty thousand euros per year may no longer be bound by such a clause. This affects many administrative and technical staff in Den Haag.
Preparations for employers in Den Haag
Do not wait until the Act enters into force. Follow these steps:
- Review all current contracts for necessary clauses
- Replace vague wording with concrete, justified arrangements
- Delete clauses for roles below the income threshold
- Calculate the cost of future compensation
Information for employees
Do you have a non-compete clause in your contract? Please note the following:
- If your salary is below fifty thousand euros the clause will become invalid upon entry into force
- If justification is missing the clause is immediately void in new contracts
- Request in writing whether your employer intends to invoke the clause; if no response is received it lapses after fourteen days
Expected entry into force and timeline
The Tweede Kamer will consider the bill at the end of 2026. After debate in the Eerste Kamer, entry into force is not expected before 1 January 2027. Until that date the current rules remain in force, although judges in Den Haag are already anticipating the forthcoming changes. For personal advice you may contact the Juridisch Loket Den Haag or the Arslan office in Den Haag.