The Dutch cabinet has moved the non-compete reform into the formal legislative route. The proposal would require compensation when employers invoke a clause, cap it at one year, and require a stated geographic area.
Why this matters
Many employers still use broad clauses in standard contracts. That can become costly if they try to enforce one. The bill is not law yet, but current rules already demand written reasons for fixed-term contracts. Keep the clause tied to a real file, customer list, pricing method, code, drawing, or recipe.
Example
A sales manager leaves with access to customer contracts, margin data, renewal dates, and live proposals. If the employer wants to stop a move to a competitor, the record has to support the claim. It should show who saw the file, which customers mattered, and how long the risk lasted.
XTROVERSO tips
- List the clauses now. Put every non-compete and relationship clause from current contracts in one file. Mark fixed-term contracts separately. Check whether the written reason still matches the job.
- Tie each clause to one risk. Skip the standard sentence. Write down the business item at risk, such as a customer list, price file, payroll method, supplier contract, code base, drawing, recipe, or sales plan.
- Check time and territory. The proposal points to a one-year maximum and a stated area. Use that discipline now. A national restriction needs a national reason. A local risk needs a local clause.
- Review access rights. A clause is weaker if everyone can open the same files. Check who can see client records, margin data, code, product plans, and supplier terms. Remove access that no longer fits the role.
- Plan for the cash hit. If compensation is required when you invoke the clause, enforcement becomes a budget item. Build a simple scenario before someone resigns. Include payroll timing and legal costs.
- Use secrecy controls too. Confidentiality clauses, access logs, version control, exit checklists, and file permissions help show that the information was treated as sensitive. That matters if a dispute follows.
If your contracts still use blanket restrictions, ask for a quick review before the rules change
The data, sourcing, and analysis behind this article were conducted by Linda Pavan. AI was not used to identify sources, build the factual basis, or produce the analytical judgment contained here. AI was used only as a drafting aid. The final English text was personally reviewed, edited, and approved by Linda Pavan before publication.
References
- Kabinet past concurrentiebeding aan, om werknemers meer vrijheid te bieden
- Rijksoverheid - Cabinet proposal now in formal legislative route
- Overheid.nl Wetgevingskalender - Legislative status
- Rijksoverheid - Current legal baseline before reform
- Wettenbank - Current statutory framework
- Rijksoverheid - Earlier consultation version and compensation formula
- Rijksoverheid / open.overheid.nl - Salary-threshold exploration
- Rechtspraak - Judiciary advice on workability
