Non-compete clause during and after probationary period in Zoetermeer

In Zoetermeer, with its thriving tech and startup ecosystem around Zoetermeer Innovation Plaza and near the A12 corridor, a non-compete clause tied to the probationary period is particularly risky. If the probationary period is void, the clause may be partially invalid, especially if it is disproportionately burdensome for employees in local companies (Article 7:653 DCC). During a valid probationary period, such a clause is permitted, but after its expiry, stricter requirements apply: in writing, penalty clause, and reasonable duration (max. one year). In case of nullity under Article 7:667c DCC, the probationary period clause lapses, while the main contract remains intact. The District Court of Rotterdam, competent for Zoetermeer, examines abuse of circumstances, as in ECLI:NL:RBROT:2022:789 where a clause following an invalid probationary period was annulled in a local IT startup. Employers in Zoetermeer's innovation parks must strictly decouple the clause from the probationary period to avoid disputes. Employees switching to competitors in the region, such as companies in nearby Delft or The Hague, would do well to challenge this. Practice in Zoetermeer: startups often abuse vague wording in employment contracts to retain talent in the competitive labour market. Advice: have it assessed by a lawyer specialised in regional employment law; negotiate penalty exemptions. The 2024 legislative amendment relaxes requirements for starters, but offers no relief in case of nullity. This way, you avoid legal pitfalls in labour mobility in Zoetermeer's dynamic economy. (248 words)