Along the quays of the Maasvlakte and at distribution centres along the A15, employees are questioning whether their contracts will still restrict them when switching to another shipping company or terminal. The draft bill Modernisering Concurrentiebeding is approaching its final phase in Den Haag in 2026; upon enactment, this will constitute the most significant amendment since 2015.
Anticipated amendments in 2026
Mandatory written substantiation
Even in the case of permanent contracts, a compelling business interest must be explicitly substantiated. In the absence of such substantiation, the clause lapses automatically.
Mandatory geographical and temporal limits
Statutory maxima will be introduced:
- Maximum 1 year after termination of employment
- Maximum 50 km geographical scope, with exceptions for certain maritime specialisations
- Limited to specific duties rather than an entire sector
Obligation to pay compensation
Employers shall pay compensation amounting to approximately 50% of the last-earned gross monthly salary for each month the clause remains in force. If the clause is not invoked, the payment obligation lapses.
Prohibition on non-compete clauses at lower income levels
Where annual salary does not exceed € 50,000, a non-compete clause (concurrentiebeding) will no longer be valid. This affects numerous port logistics, technical and administrative employees.
Reasons for modernisation
Courts currently set aside or moderate approximately 60% of such clauses on the grounds that they are excessively broad or insufficiently substantiated. This creates uncertainty for both employees and employers in the port region.
Preparations for employers
Do not await final enactment of the statute. Audit existing contracts, replace generic wording with specific substantiations and calculate the financial impact of the new compensation obligation. The Arslan office at Wilhelminaplein 100, 3072 AK Rotterdam assists entrepreneurs in this regard (010 - 4400 400).
What employees need to know
If you are subject to a non-compete clause (concurrentiebeding) in 2026: where salary is below € 50,000, the clause is expected to be invalid. Where income is higher: verify whether substantiation is present. Upon dismissal, request in writing whether the employer intends to invoke the clause; in the absence of a response, the clause ceases to have effect after 14 days. Free advice is available from Juridisch Loket Rotterdam or in proceedings before Rechtbank Rotterdam.
Expected date of entry into force
Plenary consideration in the Tweede Kamer is scheduled for late 2026. Following any consideration by the Eerste Kamer, entry into force is not anticipated before 1 January 2027. Until that date, article 7:653 BW remains unchanged, although courts are already anticipating the forthcoming rules.