Non-compete clause during and after probationary period in Westland

In Westland, the heart of Dutch greenhouse horticulture, a non-compete clause tied to the probationary period is particularly risky for greenhouse builders and growers. If the probationary period is null and void – often due to irregularities with seasonal workers – the clause may be partially invalid, especially if it is disproportionately burdensome for employees in greenhouses or logistics (Article 7:653 DCC). During a valid probationary period, such a clause is permitted, but after its expiry, stricter requirements apply: in writing, with a penalty clause, and reasonable duration (maximum one year). In case of nullity under Article 7:667c DCC, the probationary period clause lapses, while the main contract remains in effect. Courts in the Rotterdam region scrutinise sharply for abuse, as in ECLI:NL:RBROT:2022:789, where a clause following an invalid probationary period at a Westland horticulture company was annulled due to overly broad wording. Employers in Westland, such as flower and vegetable growers, must decouple the clause from the probationary period to avoid pitfalls. Employees: challenge it when switching to a local competitor, for example from Naaldwijk to 's-Gravenzande. Practice: among startups in the agritech sector, often abuse through vague clauses on 'confidentiality'. Advice: have it assessed by a lawyer specialised in Westland employment law; negotiate a penalty exemption. The 2024 legislative amendment relaxes requirements for starters in greenhouse horticulture, but not in cases of nullity. This prevents legal disputes in the dynamic labour mobility around Poeldijk and Monster. (248 words)