A non-compete clause in Belgium is only valid above a gross annual salary of € 44,447. Up to € 88,895 you also need a collective agreement that designates the job. If you enforce it, you pay at least half the gross pay over its duration, unless you waive it within 15 days of the end.
What is a non-compete clause in a Belgian employment contract?
With a non-compete clause, the employee promises not to carry out a similar activity after leaving, self-employed or for a competitor, that could harm you through the knowledge he gained with you. Think of a planner who knows your customers and rates, or a salesperson with your price list in his head.
The clause is an exception to the freedom to work. The law therefore sets strict conditions, and they are cumulative: if one is missing, the whole clause is void. It must:
- Be in writing, at hiring or later. A verbal agreement does not count.
- Cover similar activities, not any job in any sector.
- Be geographically limited to the places where the employee can genuinely compete with you, and never beyond Belgium.
- Run for no more than 12 months after the contract ends.
- Provide for compensation paid by the employer, unless he waives the clause in time.
These rules apply to blue-collar and white-collar staff alike. Sales representatives have their own regime, see below.
One exception is the derogation clause for white-collar staff at a company with an international field of activity or its own research department. If the employee's work gives him knowledge of practices specific to your company, such a clause can, under collective agreement no. 1bis of the National Labour Council, reach beyond Belgium, run longer than 12 months and also apply when you dismiss him. You then also pay compensation, unless you waive the clause.
Non-compete clause in Belgium: the 2026 salary thresholds
The salary threshold is the first filter, and the most common source of mistakes. What counts is the gross annual salary when the contract ends, not when it is signed. Since 1 January 2026 these thresholds apply:
| Gross annual salary at the end | Result |
|---|---|
| Up to € 44,447 | The clause is deemed not to exist |
| Between € 44,447 and € 88,895 | Only valid if a collective agreement designates the job |
| More than € 88,895 | Always valid, except for jobs a collective agreement excludes |
The law does not say which pay elements count towards that annual salary. In practice all pay the employee is entitled to is included, the 13th month and double holiday pay too. If the salary is close to a threshold, have it checked.
The middle band is a trap. A collective agreement that designates jobs does not exist in every sector. The federal employment ministry gives the hotel sector as an example. So check first whether your joint committee (JC) has one, before you add a clause for a mid-level manager.
Example 1: the planner. A planner at a transport company earns € 4,000 gross a month, with a 13th month and double holiday pay of 92% of a monthly salary.
- 12 x € 4,000 = € 48,000
- 13th month: € 4,000
- Double holiday pay: € 3,680
- Annual salary: € 55,680
That falls in the middle band. Without a collective agreement designating his job, the clause is invalid, however carefully it is worded.
Non-compete compensation: what does it cost?
If you enforce the clause, you pay a single fixed compensation. The minimum is 50% of the gross pay for the duration of the clause. The base is the gross salary of the last month before the end. For fully or partly variable pay, the variable part is based on the average of the last 12 months.
Example 2: the sales manager. A sales manager at a wholesaler earns € 7,000 gross a month. His annual salary with a 13th month and double holiday pay comes to € 97,440, above € 88,895. The clause is valid. Without double holiday pay he reaches € 91,000, still above the threshold.
| Duration of the clause | Minimum compensation |
|---|---|
| 6 months | 3 x € 7,000 = € 21,000 |
| 12 months | 6 x € 7,000 = € 42,000 |
If he breaches the clause, he repays the compensation and pays an equal amount on top: for twelve months, € 42,000 plus € 42,000. The court may reduce that amount at the employee's request, or increase it if you prove greater damage.
Non-compete clause on dismissal: when does it apply?
Even a valid clause does not apply in every situation. It depends on who ends the contract and why.
| End of the contract | Does the clause apply? |
|---|---|
| In the first 6 months, for any reason | No |
| After that: dismissal by you without serious cause | No |
| After that: resignation by the employee for serious cause on your side | No |
| After that: dismissal by you for serious cause on the employee's side | Yes |
| After that: resignation by the employee without serious cause | Yes |
| Termination by mutual agreement, or end of a fixed-term contract | Yes |
If you dismiss an employee with ordinary notice from the employer, you cannot hold him back, unless there is a derogation clause. The clause mainly protects you against the employee who leaves of his own accord for a competitor, and in a dismissal for serious cause.
A model non-compete clause
An example for a white-collar employee earning above € 88,895 a year. Adjust the activities and territory to your situation. In Flanders the employment contract itself must be drawn up in Dutch, so treat this English text as a working version.
Article X. Non-compete clause. For 12 months after this contract ends, the employee undertakes not to carry out activities in the wholesale trade in [product group], either self-employed or employed by a competing business, in the provinces of East Flanders and West Flanders. In return, the employer pays a single fixed compensation equal to half of the gross pay of the last month, multiplied by the number of months the clause applies. The employer may waive the clause in writing within 15 days of the end of the contract; in that case no compensation is due. In the event of a breach, the employee repays the compensation received and pays an equal amount on top as damages.
Download this template in Word and PDF, in Dutch and French.
A clause only works if the rest of your employment contract is right. If you add it later, do so in a written addendum signed by both parties, just as with other changes to the contract, such as the work schedule.
Sales representatives: different rules
For a sales representative the same floor of € 44,447 applies, but there is no collective agreement requirement and no mandatory compensation. The clause is limited to the territory where he worked and to 12 months. The fixed penalty for a breach may not exceed 3 months' pay, unless you prove higher damage. As with other employees, the clause does not apply if the contract ends in the first 6 months, if you dismiss him without serious cause, or if he leaves for serious cause on your part.
There is a flip side. A non-compete clause creates a presumption that the representative brought in customers. If you dismiss him without serious cause after at least 1 year, or he leaves for serious cause on your part, you risk a goodwill indemnity of 3 months' pay for one to five years of service, more for a longer career. You only avoid it by proving that he brought in no customers or suffers no loss.
Mistakes employers make
- A clause for everyone in the standard contract. Below the threshold it is worthless, and in the middle band often too.
- Checking the threshold at hiring instead of at the end of the contract.
- Letting the 15-day period lapse and owing compensation for someone who never became a competitor.
- A territory or description that is too broad. One condition wrong and the whole clause falls.
What Business Centrum does for you
When we draft the contract, we check whether a non-compete clause can be valid for that job and salary, and we write it to fit. Whenever someone leaves, we flag the waiver deadline and calculate the compensation in the final payslip, together with Acerta.