Non-compete clauses: check before changing jobs

Non-compete clauses: check before changing jobs. General information.

A non-compete clause may restrict where or what work you can do after leaving. Read the signed text before starting a new job. Check the activities, period and geographical area covered.

A non-compete clause is generally not permitted in a fixed-term contract. An exception requires written reasons showing substantial business or service interests. Have the justification assessed for your actual role and circumstances.

A non-solicitation or client restriction may limit working for or with the former employer’s clients or partners. This differs from every prohibition on working for a competitor. Consider all the agreements together.

Government is working on modernisation, with proposals on duration, geographical area and compensation when invoking a clause. Do not assume those proposals already apply. Check current law when your move takes place.

Explain specifically what work you wish to do and seek clarity about restrictions. If agreement is reached, specify in writing what is permitted. Do not treat a potential penalty as harmless standard wording.

If discussion fails, a court assessment may be necessary. Seek advice before beginning the new work. The non-compete guide helps organise the clause, role and planned move for that conversation.

Read the full explanation and sources on Employment Law in the Netherlands. Have someone assess which rules apply to your situation.