Can you hire someone with a non-compete clause in the Netherlands, and what is changing?

On 29 June 2026, the Dutch Minister of Social Affairs and Employment sent the bill to modernise the non-compete clause to the Council of State for advice. The government names three measures. An employer who invokes the clause must pay the employee compensation. The clause may apply for no more than one year after the contract ends. And the clause must state the geographical area it covers.

The government says the use of non-compete clauses has doubled, while many of the employees bound by one never handle trade secrets or client data. It adds, in so many words, that this makes it harder for employers to attract staff. A non-solicitation clause, which bars someone from working for the former employer's clients or contacts, is covered by the new rules as well.

The June announcement does not say how high the compensation will be. In the version the ministry put out for public consultation in March 2024, it was 50 per cent of the last monthly salary for every month the clause is enforced. Six months of restriction would therefore cost the former employer three months of pay. That version also required employers to justify the clause in writing for permanent contracts, not just temporary ones. The text now with the Council of State has not been published, so these details may still change.

Until the new law arrives, article 653 of Book 7 of the Dutch Civil Code applies. A non-compete clause is only valid if it was agreed in writing with an employee of full age. In a fixed-term contract, the employer must also explain in writing why the clause is needed for compelling business interests. Without that explanation, a court can annul the clause. A court can also annul it in full or in part if it unfairly disadvantages the employee, and it can order the former employer to pay compensation.

For you as the hiring employer, that means asking early. Candidates who work for a competitor often do not know exactly what their contract says. Ask in the first conversation whether there is a non-compete or a non-solicitation clause, and ask the candidate to look it up. Check four things: how long it runs, which area it covers, what kind of work it prohibits, and whether it is about clients or about the employer itself. If you doubt whether the clause would hold, have an employment lawyer look at it before you make an offer, not after.

This matters most when you bring in someone who already does the job at a competitor, a lateral hire. With active sourcing you approach exactly those people, so the question about a clause belongs in the first contact.

In the short term, very little: there is no start date yet. The government aims to send the bill to the House of Representatives at the end of 2026, after which both chambers of the Dutch parliament still have to deal with it.

In the longer term, it can make a real difference. If a clause costs the former employer money for every month it is enforced, it will be enforced less often and for shorter periods. That is exactly what the government is after. In fields where people often move between competitors, such as engineering and industry or planners and team leaders in logistics, the pool of candidates you can actually hire may grow as a result.

So build it into your process now. Put the question about a clause into your intake and your first selection step, so that nobody discovers it only when the contract is ready to sign. How a process from intake to hire is organised is described under recruitment operations.

And look at your own contracts. If every employment contract you issue contains a non-compete clause by default, this is the moment to check which roles really need one. Under the new rules, a clause costs money as soon as you invoke it, and candidates who see one in your contract will know that too.

Will the new law apply to existing contracts?

That is not known yet. Besides the Civil Code, the bill also amends the transitional act, so there will be a rule for clauses that have already been agreed. What that rule says is in the text now with the Council of State, which has not been published. So do not assume that a candidate's existing clause will disappear or become shorter on its own.

When will the new rules take effect?

There is no date yet. After the advice of the Council of State, the government aims to submit the bill to the House of Representatives at the end of 2026. It then has to pass both the House and the Senate. Only once both chambers have approved it will a start date be set. Until then, article 653 of Book 7 applies as it stands today.

Is a non-solicitation clause the same as a non-compete clause?

Not quite. A non-compete clause generally bars someone from doing the same work for a competitor or as a self-employed person. A non-solicitation clause only bars them from working for the former employer's clients or contacts. According to the Dutch government, the new rules cover both. For your hiring the difference matters: with only a non-solicitation clause, a candidate can often start with you, as long as they do not serve those clients.

What if the candidate is on a fixed-term contract?

Then the clause is only valid if the former employer explained in writing why it is needed for compelling business interests. Without that explanation, a court can annul it entirely. So do not only ask whether there is a clause, also ask whether it comes with a written justification. If you need certainty about your position, legal advice remains the way to get it.

SocialFind wrote this article based on the Dutch government's announcement of 29 June 2026, the 2024 consultation version of the bill and article 653 of Book 7 of the Dutch Civil Code, checked on 1 October 2026. It is not legal advice. If you would like articles like this in your inbox, subscribe to our newsletter.