Qu'est-ce que Non-Compete Clause ?
Definition
A non-compete clause (clause de non-concurrence / niet-concurrentiebeding) is a contractual provision that restricts a former employee from working for a competing employer or establishing a competing business within a defined geographic area and for a specified period following the end of their employment contract.
In practice
In Belgium, non-compete clauses are subject to strict legal conditions to be valid: the employee's annual salary must exceed a statutory threshold (€73,609 gross in 2024); the clause must be in writing; it cannot exceed 12 months; it must be geographically limited (either Belgium or specific regions); it must be linked to activities genuinely competitive with the employer's business; and the employer must pay the employee compensation of at least half of the gross salary for the duration of the restriction. Employees on lower salaries cannot validly agree to a non-compete clause regardless of what their contract says. The employer can also waive the clause within a specific timeframe after the contract ends. Clauses that fail to meet these conditions are automatically null and void. The clause does not apply when the employer initiates the dismissal without serious cause.
Key takeaway
A Belgian non-compete clause that doesn't meet all statutory requirements is legally null — both employers and employees should verify conditions carefully before signing or relying on one.
Définitions connexes
Permanent Employment Contract (CDI)
Open-ended employment contract with no predetermined end date, the standard reference contract in Belgian labour law, offering the strongest legal protections.
Mutual Termination Agreement
Amicable termination of an employment contract by mutual agreement between employer and employee, allowing both parties to separate under negotiated conditions.
Dismissal
Unilateral termination of an employment contract by the employer, subject to compliance with notice period requirements or payment of compensation in lieu.