{"id":4774,"date":"2026-05-31T21:54:24","date_gmt":"2026-05-31T21:54:24","guid":{"rendered":"https:\/\/www.arbeidsjurist-eindhoven.nl\/kennisbank\/concurrentiebeding-vaststellingsovereenkomst-schrappen-2\/"},"modified":"2026-08-02T11:24:07","modified_gmt":"2026-08-02T11:24:07","slug":"non-compete-clause-settlement-agreement-delete-2","status":"publish","type":"post","link":"https:\/\/www.arbeidsjurist-eindhoven.nl\/en\/kennisbank\/concurrentiebeding-vaststellingsovereenkomst-schrappen-2\/","title":{"rendered":"How to have a non-compete clause removed from a settlement agreement"},"content":{"rendered":"

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Having a non-competition clause removed from your settlement agreement<\/h2>\n

Would you like to have the non-competition clause removed from your settlement agreement? Below you can read how to negotiate this and what to look out for.<\/p>\n

Does your employment contract contain a non-compete clause and have you been presented with a settlement agreement? If so, it is important not to simply leave that clause in place. A non-compete clause can significantly restrict your freedom on the labour market, but the good news is that in many cases you can negotiate over it effectively. Particularly when you are already leaving, there is often more room to manoeuvre than you might think.<\/p>\n

What is a non-compete clause and when does it apply<\/h2>\n

A concurrentiebeding<\/a> legt vast dat je na het einde van je dienstverband niet zomaar bij een concurrerende werkgever aan de slag mag, of een eigen onderneming in dezelfde branche mag starten. Het beding geldt voor een bepaalde periode en heeft vaak ook een geografische begrenzing.<\/p>\n

In legal terms, the non-compete clause is governed by Article 7:653 of the Dutch Civil Code. The law sets out clear requirements: the clause must have been agreed in writing with an employee who is of legal age. For an open-ended employment contract, that is the basic rule. For a fixed-term contract, the bar is higher: the employer must then set out in writing that there is a compelling business or operational interest. If that justification is absent, the clause is in principle not valid.<\/p>\n

In addition, Article 7:653(4) of the Dutch Civil Code provides that the employer cannot derive any rights from the non-compete clause if the termination of the employment contract is the result of seriously culpable conduct on the part of the employer itself. Think of bullying, discrimination, or systematic breach of the duty of care.<\/p>\n

What can happen to your non-compete clause in a settlement agreement<\/h2>\n

In a settlement agreement (vaststellingsovereenkomst), you and your employer jointly make arrangements regarding the termination of the employment. This also offers the opportunity to have the non-compete clause explicitly lapse. If you agree on this, it is recorded in the agreement itself \u2014 and you are fully released from it.<\/p>\n

There are, however, two pitfalls to watch out for:<\/p>\n