Non-compete: thresholds and conditions in 2026
Check salary, role and collective agreement before inserting a non-compete clause. Thresholds are assessed at termination.
Since January 1, 2026, gross annual compensation must exceed 44,447 €. Up to 88,895 €, a collective agreement must designate affected roles. Beyond 88,895 €, the salary condition allows the clause, except roles excluded by collective agreement; other conditions remain mandatory.
The clause must be written, target similar activities and limited real competition zone in Belgium. Its duration cannot exceed twelve months. Provide compensation of at least half the gross compensation corresponding to this duration, unless the employer waives within fifteen days of termination.
These conditions are cumulative. The ordinary clause notably has no effect upon termination during the first six months or dismissal without grave fault of the worker. Articles 65 and 86 of the July 3, 1978 law frame this regime; certain international clauses and commercial representatives follow particular rules.