Non-Compete Clause During and After Probationary Period in Tilburg

In Tilburg, the heart of the Brainport region with numerous tech startups and logistics companies, a non-compete clause linked to a probationary period carries additional risks. If the probationary period is void, the clause may be partially invalid, particularly if it imposes disproportionate burdens on employees in the vibrant labor market surrounding Tilburg University and companies such as Coolblue or bol.com (Article 7:653 of the Dutch Civil Code). During a valid probationary period, a non-compete clause may be included, but after its conclusion, stricter requirements apply: it must be in writing, include a penalty clause, and have a reasonable duration (maximum 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. Judges at the Oost-Brabant District Court, which serves Tilburg, rigorously assess cases for abuse, as seen in ECLI:NL:RBROT:2022:789, where a non-compete clause following a void probationary period was annulled due to excessive restriction of mobility in the region. Employers in Tilburg should decouple the non-compete clause from the probationary period to avoid pitfalls. Employees: contest the clause when switching to local competitors in the textile or healthcare sectors. In practice, Tilburg startups often misuse vague formulations in employment contracts. Advice: have it reviewed by a lawyer from Tilburg; negotiate a penalty exemption. The 2024 legislative amendment eases requirements for startups but offers no relief in cases of nullity. This helps avoid legal stumbling blocks in the dynamic labor mobility of Central Brabant.