These amounts influence the validity of non-competition, training, and arbitration clauses. Below is an overview of the changes for 2026.
Non-competition clause (art. 65, 86 and 104)
The non-competition clause is deemed non-existent in employment contracts for employees and manual workers if the gross annual salary does not exceed 44,447 euros .
When the gross annual salary is between 44,447 euros and 88,895 euros , the clause can only be applied to specific roles or positions defined by a collective bargaining agreement made in the joint committee or subcommittee.
If the gross annual salary exceeds 88,895 euros , the non-competition clause can be validly included in the employment contract for employees and manual workers, except for positions excluded by a collective bargaining agreement made in the joint committee or subcommittee.
For commercial representatives, the non-competition clause is also considered non-existent when the gross annual salary does not exceed 44,447 euros .
In cases where the gross annual salary exceeds this amount, the validity of each non-competition clause depends on three conditions: it must relate to similar activities, not exceed twelve months, and be limited to the area where the commercial representative operates.
Arbitration clause (art. 69)
Employees and their employers cannot agree in advance to submit disputes arising from the agreement to arbitrators.
This prohibition does not apply to employees whose gross annual salary exceeds 88,895 euros and who are responsible for the daily management of the company or hold management responsibilities in a department or business unit comparable to that of the entire company.
Training clause (art. 22bis)
The training clause is considered non-existent when the gross annual salary of the employee does not exceed 44,447 euros . It is valid if the gross annual salary is higher than 44,447 euros and all other legal conditions are met.
Training clause for bottleneck professions
The salary threshold condition does not apply if the training clause pertains to training for a profession or position listed as a bottleneck profession or hard-to-fill position in the regions. Therefore, you can establish a training clause with an employee in a bottleneck profession or hard-to-fill position, even if the employee earns less than 44,447 euros per year.
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