Along Verdilaan in Naaldwijk, heavy transport drives daily between greenhouse complexes. There, seasonal workers are employed under contracts containing a non-compete clause (concurrentiebeding). In 2026, a far-reaching reform is imminent that will restrict these clauses.
Why is the legislator intervening?
Judges at the Rechtbank Den Haag annul or moderate non-compete clauses in approximately sixty percent of cases. Often there is no concrete substantiation or the scope is too broad. For Westland horticultural enterprises, this leads to uncertainty and additional proceedings.
Mandatory substantiation and geographical limits
Written explanation mandatory
Just as with fixed-term contracts, a compelling business interest must be explicitly substantiated. Without such substantiation the clause is null and void.
Maximum of 1 year and 50 km
The bill imposes strict limits: a maximum duration of one year and a maximum geographical scope of fifty kilometres. Exceptions apply only to very specific functions in greenhouse horticulture. Broad formulations such as “all activities in the sector” are prohibited.
Compensation and income threshold
Employers must pay fifty percent of the employee’s last-earned gross monthly salary for each month the clause remains in force. Where annual salary is below fifty thousand euros, no non-compete clause may be agreed. This affects many greenhouse workers and transport staff in Westland.
Practical steps for Westland employers
Do not wait for the plenary debate at the end of 2026. Review existing contracts now for necessity, adapt generic clauses and calculate the financial burden of possible compensation. The Arslan office at Verdilaan 30 in Naaldwijk (070 - 4500 300) can assist with this audit.
Rights for employees in the region
Anyone subject to a non-compete clause in 2026:
- with annual salary below fifty thousand euros: the clause will probably lapse upon entry into force;
- above that threshold: check the substantiation, otherwise the clause is invalid;
- upon dismissal: request in writing whether the clause will be invoked, otherwise it lapses after fourteen days.
Expected date of entry into force
After consideration by the Tweede Kamer, the Eerste Kamer must still deliberate. Entry into force is not expected before 1 January 2027. Until then article 7:653 BW remains applicable, although the Rechtbank Den Haag already takes the new direction into account.