The Non Solicitation Agreement For Employees is a critical document used in the United Arab Emirates to protect businesses from potential loss of customers, clients, and valuable employees through solicitation by former staff members. This agreement is particularly relevant in today's competitive UAE market where employee mobility and access to client information can significantly impact business continuity. The document must comply with UAE Federal Law No. 33 of 2021 and related regulations, which require such restrictions to be reasonable in duration and geographic scope. It typically includes specific provisions about prohibited activities, time limitations, territorial restrictions, and consequences of breach, while ensuring enforceability within the UAE legal framework. The agreement is commonly used when onboarding new employees or during significant role changes where employees gain access to sensitive client relationships or confidential information.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, employment relationship, and reason for non-solicitation provisions
3. Definitions: Definitions of key terms including 'Confidential Information', 'Solicitation', 'Restricted Period', 'Restricted Territory', 'Customers', 'Employees', and 'Business'
4. Non-Solicitation of Customers: Specific provisions prohibiting the solicitation of the company's customers, including scope and limitations
5. Non-Solicitation of Employees: Provisions preventing the solicitation or hiring of other employees
6. Duration and Geographic Scope: Specific time period and geographical limitations of the restrictions
7. Consideration: The consideration provided in exchange for these restrictions
8. Acknowledgments: Employee's acknowledgment of reasonableness of restrictions and access to confidential information
9. Remedies: Available remedies in case of breach, including injunctive relief and damages
10. General Provisions: Standard clauses including governing law, jurisdiction, severability, and entire agreement
1. Confidentiality Obligations: Additional confidentiality provisions if not covered in a separate agreement
2. Garden Leave: Provisions for garden leave during notice period, if applicable
3. Exceptions: Specific exceptions to non-solicitation obligations
4. Training and Development Costs: Provisions regarding repayment of training costs, if applicable
5. Reporting Requirements: Obligations to report new employment or business activities during restricted period
6. Free Zone Specific Provisions: Additional provisions required if employee works in UAE free zones
1. Schedule 1 - Restricted Customers: List of specific customers covered by non-solicitation provisions
2. Schedule 2 - Restricted Territory: Detailed description of geographical areas covered by restrictions
3. Schedule 3 - Consideration Details: Breakdown of any financial consideration provided
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge understanding and acceptance of restrictions
5. Appendix B - Exit Interview Form: Template for documenting reminder of obligations upon employment termination
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