The Employee Undertaking Agreement is a crucial document used in the United Arab Emirates to establish and formalize an employee's commitments and obligations to their employer beyond the standard employment contract. This document becomes particularly important in today's business environment where protection of trade secrets, intellectual property, and confidential information is paramount. Governed by UAE Labor Law and related legislation, it typically accompanies or follows the main employment contract and is designed to protect the employer's legitimate business interests while remaining compliant with local laws. The agreement is especially relevant for employees who have access to sensitive information, intellectual property, or key business relationships, and includes specific provisions on confidentiality, non-competition (subject to UAE law restrictions), intellectual property rights, and data protection obligations.
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Key Requirements PROMPT example:
Employee Undertaking Agreement
"I need an Employee Undertaking Agreement for a senior software developer in Dubai who will have access to our proprietary AI algorithms and customer data, with strong IP protection and data privacy clauses aligned with UAE law."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the undertaking, reference to the employment relationship, and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', 'Company Property', etc.
4. Confidentiality Obligations: Employee's obligations regarding confidential information, trade secrets, and business information
5. Intellectual Property Rights: Assignment and waiver of IP rights for work created during employment
6. Company Property: Obligations regarding company property, documents, and materials
7. Non-Competition: Restrictions on working with competitors post-employment (subject to UAE Labor Law limitations)
8. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers
9. Data Protection: Obligations regarding personal data handling and protection
10. Duration and Survival: Term of the undertaking and which provisions survive employment termination
11. Governing Law and Jurisdiction: Specification of UAE law as governing law and relevant courts' jurisdiction
1. Moral Rights: Specific provisions for creative roles where moral rights in creative works need to be addressed
2. Social Media Usage: Guidelines for social media use and company representation, particularly relevant for marketing or public-facing roles
3. International Travel: Additional obligations for employees who travel internationally for work
4. Remote Working: Specific undertakings related to remote work arrangements and associated security measures
5. Industry-Specific Compliance: Additional undertakings related to specific industry regulations (e.g., financial services, healthcare)
6. Training Costs: Provisions regarding repayment of training costs if the employee leaves within a specified period
7. Incentive Schemes: References to and interactions with company bonus or share schemes
1. Schedule 1 - Confidential Information: Detailed list of types of confidential information specific to the role
2. Schedule 2 - Restricted Companies: List of specific competitors or companies covered by non-compete provisions
3. Schedule 3 - Company Property: Inventory of company property provided to the employee
4. Schedule 4 - Applicable Policies: List of company policies the employee must comply with
5. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the undertaking
6. Appendix B - Exit Interview Checklist: Checklist for return of company property and confirmation of ongoing obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Retail
Education
Telecommunications
Real Estate
Construction
Energy
Media and Entertainment
Hospitality
Logistics and Transportation
Defense and Security
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Sales
Marketing
Finance
Operations
Product Development
Customer Service
Engineering
Data Science
Business Development
Strategy
Administrative
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Senior Manager
Project Manager
Software Developer
Research Scientist
Business Analyst
Sales Director
Account Manager
Human Resources Manager
Legal Counsel
Marketing Director
Product Manager
Operations Manager
Data Scientist
Systems Administrator
Financial Analyst
Design Engineer
Customer Success Manager
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