Along the A58 near Tilburg, where distribution centres and modern manufacturing companies have replaced the old textile industry, a logistics employee finds themselves in difficulty due to a vague non-competition clause (concurrentiebeding). In 2026 the modernisation of this clause is on the verge of implementation. Employers and employees in the industrial heart of Brabant would do well to prepare themselves now.
Why this proposal now?
The existing article 7:653 BW continues to give rise to numerous proceedings. Judges at the Rechtbank Zeeland-West-Brabant in Breda moderate or annul non-competition clauses in approximately sixty per cent of cases. A proper substantiation is often lacking or the limits are too broad. This creates uncertainty for both companies and staff in the region.
What exactly does the bill entail?
Written motivation (motivering) mandatory
Even in the case of permanent contracts, the clause must contain a concrete motivation (motivering) of the compelling business interest. Without such motivation (motivering) the clause is void.
Maximum duration and scope
The proposal lays down clear limits:
- Maximum of one year after the end of the employment contract
- Maximum of fifty kilometres geographically, with exceptions for certain sectors
- Limited to specific duties, not an entire industry
Mandatory compensation
Employers pay compensation of approximately fifty per cent of the last gross monthly salary for each month the clause applies. If the clause is not invoked, the payment obligation lapses. This forces companies to use only meaningful clauses.
Prohibition below € 50,000
For employees with an annual salary up to € 50,000 a non-competition clause (concurrentiebeding) will no longer be permitted. This affects many technical and administrative positions in Tilburg industry.
Actions for employers in Tilburg
Do not wait until the Act is final. Review existing contracts, make clauses specific and substantiate them. Clauses for lower-level positions are better removed. Also calculate the possible costs of the new compensation scheme.
What employees should check
Do you have a non-competition clause (concurrentiebeding) in your contract? With a salary below € 50,000 the clause will most probably be invalid upon entry into force. For higher incomes: check whether a motivation (motivering) is present. Upon departure, request in writing whether the employer invokes the clause; without a response the clause lapses after fourteen days.
When will the Act apply?
Plenary debate in the Tweede Kamer is expected at the end of 2026. After the Eerste Kamer, entry into force will probably not occur until 2027. Until then article 7:653 BW remains in force, although judges are already anticipating the forthcoming rules. For advice on your situation you can contact the Arslan office at Spoorlaan 350 in Tilburg (013 - 5300 300) or the Juridisch Loket Tilburg.