Non-compete clauses in and out of bankruptcy – changes on the horizon, TvI 2026/4 (authors Job van der Pijl and Romy Schneider)

This article discusses non-compete clauses in employment contracts. The authors examine the current state of case law and legal scholarship, and then look ahead to the future. Attention is given to both the draft bill on the Modernization of Non-Competition Clauses, which provides for far-reaching changes to the general labor law rules regarding non-competition clauses, and to the WOVOF, which provides for a special regime governing the effect of non-competition clauses for employees of an insolvent employer. The authors highlight potential complications and practical considerations should the bills be enacted. They also underscore the need for further alignment between the two legislative proposals by the legislature.