Along the narrow canals and busy cycling routes around the Breestraat in Leiden, increasing numbers of professionals are experiencing uncertainty regarding their non-compete clause (concurrentiebeding). In 2026 the bill Modernisering Concurrentiebeding is nearing completion, with far-reaching consequences for both permanent and fixed-term contracts.
The need for reform
Courts annul or moderate existing clauses under Article 7:653 BW in approximately sixty per cent of cases. A clear justification is often lacking or the restrictions are too broad. This leads to unnecessary proceedings and legal uncertainty, including among local employers and employees in the university city.
Expected timeline
Plenary debate in the House of Representatives (Tweede Kamer) is scheduled for late 2026. Any adoption will be followed by proceedings in the Senate (Eerste Kamer). Entry into force before 1 January 2027 is unlikely. Until that date the current legislation remains in force, although the Rechtbank Den Haag is already taking the new direction into account in its rulings.
Key changes in the bill
Written justification mandatory
Even in the case of permanent contracts, the compelling business interest must be explicitly justified. Without this explanation the clause automatically lapses.
Maximum duration and scope
The bill introduces strict limits:
- Maximum validity of one year after termination of employment
- Maximum geographical scope of fifty kilometres, with limited exceptions
- Restriction to specific duties rather than an entire sector
Mandatory compensation
Employers must pay 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 below income threshold
A non-compete clause (concurrentiebeding) will no longer be permitted where annual salary is below fifty thousand euros. This affects, among others, healthcare and technical staff in the region.
Preparation for employers in Leiden
Do not wait. Review existing contracts, replace vague wording with specific justifications and calculate the cost of any compensation. A consultation at the Arslan office on Stationsweg 26 will quickly clarify the local impact.
Information for employees
Do you have a non-compete clause (concurrentiebeding) in your contract? If your salary is below fifty thousand euros, it will probably be invalid. For higher incomes: check the justification. Upon termination of employment, request in writing whether the clause will be invoked; without a response it lapses after fourteen days.