What is a non-compete clause in Belgium?
A non-compete clause (clause de non-concurrence in French, concurrentiebeding in Dutch) is a term in an employment contract that stops an employee, after leaving, from carrying out similar activities on their own account or for a competitor. Belgian law allows it only within strict limits set by the Law of 3 July 1978 on employment contracts.
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Whether a clause can be valid depends on the employee’s gross annual pay when the contract ends. The thresholds for 2026 are:
- up to €44,447: the clause is deemed not to exist;
- from €44,447 to €88,895: it is valid only for functions that a collective labour agreement allows;
- above €88,895: it is valid unless a collective labour agreement excludes the function.
The amounts are indexed every year.
Conditions for a valid clause
All of the following must be met, or the whole clause is void. The clause must be in writing and relate to similar activities. It must be limited to the area where the employee could really compete with the former employer, and never extend beyond Belgium. It can last no more than 12 months after the contract ends. It must also provide for a one-off indemnity of at least half the employee’s gross pay for the period the clause covers, so a 12-month clause costs at least six months’ pay.
Companies with an international activity, significant economic, technical or financial interests in international markets, or their own research department can agree a derogatory clause with certain employees under Article 86 of the 1978 law and collective labour agreement No. 1 bis. It can apply outside Belgium and for longer than 12 months, still in exchange for an indemnity.
When the clause applies
The clause has no effect if the contract ends in the first six months. After that, it also has no effect if the employer dismisses the employee without serious cause, or if the employee resigns because of the employer’s serious fault. It does apply when the employee resigns, is dismissed for serious cause, or the contract ends by mutual agreement or at the end of a fixed term.
The employer can waive the clause within 15 days of the end of the contract and then owes no indemnity. An employee who breaches the clause must repay the indemnity and pay the same amount again as damages, which a court can reduce or increase.
Non-compete clauses when you hire through an EOR
With TopSource as your Employer of Record in Belgium, we check the employee’s pay against the year’s thresholds before a clause goes into the contract, draft it within the legal limits and flag the 15-day waiver window when the employment ends, so the indemnity is only paid when the clause is worth enforcing.
Frequently asked questions
Is a non-compete clause enforceable in Belgium?
Yes, if the employee earns more than €44,447 a year in 2026 and every legal condition is met: in writing, similar activities, limited to Belgium, no more than 12 months and an indemnity of at least half the pay for that period. Between €44,447 and €88,895, a collective agreement must also allow it for the function.
How much does a non-compete indemnity cost in Belgium?
At least half the employee’s gross pay for the period the clause covers, paid as a lump sum. For a 12-month clause, that is at least six months’ gross pay. The employer avoids it by waiving the clause within 15 days of the end of the contract.
Does the clause apply if the employer dismisses the employee?
Not when the dismissal is without serious cause and comes after the first six months; the clause then has no effect. It does apply if the employee resigns or is dismissed for serious cause after the first six months.
Related terms in Belgium
- Joint Committee (Belgium)
- Dimona Declaration (Belgium)
- Unified Status (Belgium)
- Outplacement Obligation (Belgium)
- Time Credit (Belgium)
- Work Regulations (Belgium)
- Single Permit (Belgium)
- Ecocheques (Belgium)
- Payroll Withholding Tax (Belgium)
- Automatic Salary Indexation (Belgium)
- Meal Vouchers (Belgium)