Many people who daily brave traffic jams via the A13 or A4 towards Den Haag or Delft only realise late how a non-compete clause (concurrentiebeding) can block their next career move. In 2026 the Bill on the Modernisation of the Non-Compete Clause approaches its final phase in Den Haag. This constitutes the most significant adjustment since 2015 for both employers and employees in Rijswijk.
The background to the reform
Judges at the Rechtbank Den Haag annul or moderate non-compete clauses (concurrentiebedingen) in approximately sixty per cent of cases. A clear necessity is often lacking or the wording is too vague. This leads to unnecessary proceedings and uncertainty for commuters from the Haaglanden suburban municipality.
Key changes in the Bill
Mandatory written justification
A compelling business interest must henceforth be explicitly stated in the clause. Without such justification the clause is void, as is already the case with fixed-term contracts.
Mandatory geographical and temporal limits
The proposal imposes strict maxima:
- Maximum duration of one year after termination of employment
- Maximum geographical scope of fifty kilometres, with limited sector-specific exceptions
- Limited to specific duties, not the entire sector
Compensation obligation
Employers must pay compensation amounting to approximately fifty per cent of the last gross monthly salary for each month the clause remains in force. If the clause is not invoked, the obligation lapses. This curbs excessive use.
Prohibition on non-compete clauses at low income levels
Non-compete clauses may no longer be imposed where annual salary does not exceed € 50,000. This affects many administrative and technical positions in Rijswijk offices.
Timeline and expected entry into force
Plenary debate in the Tweede Kamer is scheduled for late 2026. Following the Eerste Kamer, entry into force is unlikely before 1 January 2027. Until that date Article 7:653 BW remains unchanged, although courts are already anticipating the new approach.
Preparation for employers in the region
Do not wait. Audit existing contracts, replace generic clauses with concrete and justified versions and calculate the financial impact of the compensation. Offices along the Generaal Spoorlaan would do well to arrange this now.
Information for employees from Rijswijk
Do you have a non-compete clause (concurrentiebeding)? If your salary is below € 50,000 it will probably lapse after entry into force. For higher incomes: check the justification. Upon dismissal, request in writing whether the clause will be invoked; after fourteen days of silence its effect lapses. For personal advice you may contact Arslan Advocaten at Generaal Spoorlaan 35, 2283 GA Rijswijk (070 - 4500 300) or the Juridisch Loket Den Haag.