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Non Compete Agreement And Non Solicitation Agreement Template for Indonesia

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Key Requirements PROMPT example:

Non Compete Agreement And Non Solicitation Agreement

"I need a Non Compete Agreement and Non Solicitation Agreement for a senior software developer in Jakarta who will be joining our fintech startup in January 2025, with a focus on protecting our proprietary trading algorithms and preventing solicitation of our development team for 2 years post-employment."

Document background
The Non Compete Agreement And Non Solicitation Agreement is essential for businesses operating in Indonesia seeking to protect their legitimate interests, trade secrets, and valuable business relationships. This document is typically used when onboarding new employees or during significant role changes where employees gain access to sensitive information or develop important client relationships. It must comply with Indonesian legal requirements, particularly Labor Law No. 13 of 2003 and the Civil Code, while ensuring restrictions are reasonable in scope, duration, and geographic coverage. The agreement includes specific provisions for non-competition and non-solicitation, defines restricted activities, territories, and time periods, and outlines consequences for breach. It's particularly relevant in today's dynamic business environment where employee mobility and protection of competitive advantages are crucial concerns.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - typically the employer/company and the employee/contractor

2. Background: Sets out the context of the agreement, including the nature of the relationship between the parties and the legitimate business interests being protected

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competitive Business', 'Territory', and 'Restricted Period'

4. Non-Compete Obligations: Details the specific restrictions on competing activities, including scope, duration, and geographical limitations

5. Non-Solicitation Obligations: Specifies restrictions on soliciting employees, customers, suppliers, and business partners

6. Duration and Territory: Clearly defines the time period and geographical area where the restrictions apply

7. Consideration: Specifies the consideration provided in exchange for these restrictions, as required under Indonesian law

8. Acknowledgments: Employee's acknowledgment of the reasonableness of restrictions and receipt of consideration

9. Confidentiality Obligations: Requirements regarding the protection of confidential information and trade secrets

10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

11. General Provisions: Standard clauses including governing law, severability, and modification

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Garden Leave: Additional provisions for paid leave period during which employee remains employed but does not work - used for senior positions

2. Return of Company Property: Specific provisions regarding return of company assets and materials - used when employee has access to significant company property

3. Independent Legal Advice: Acknowledgment of receiving independent legal advice - recommended for senior employees or complex restrictions

4. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration - used in high-value agreements

5. Training and Investment Recoupment: Provisions regarding repayment of training costs or other investments - used when company has made significant investments in employee development

6. Survival Clause: Specifies which provisions survive termination of employment - important for complex agreements

Suggested Schedules

1. Schedule A - Restricted Territory: Detailed description and/or maps of the geographical areas where restrictions apply

2. Schedule B - Competitive Business: Detailed list of competitor companies and/or restricted business activities

3. Schedule C - Consideration Details: Breakdown of any financial or other consideration provided in exchange for the restrictions

4. Schedule D - Confidential Information: Detailed list or categories of confidential information covered by the agreement

5. Appendix 1 - Customer List: List of customers covered by non-solicitation provisions (if applicable)

6. Appendix 2 - Employee Acknowledgment: Formal acknowledgment of understanding and acceptance of terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Pharmaceuticals

Healthcare

Telecommunications

Retail

Consumer Goods

Energy

Mining

Engineering

Consulting

Research and Development

Education and Training

Relevant Teams

Sales

Business Development

Research and Development

Executive Leadership

Product Development

Client Services

Technical Operations

Marketing

Human Resources

Finance

Legal

Operations

Customer Success

Strategy

Information Technology

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Sales Manager

Business Development Director

Research Scientist

Technical Lead

Product Manager

Key Account Manager

Senior Software Engineer

Regional Sales Director

Operations Manager

Marketing Director

Senior Consultant

Department Head

Vice President

Chief Financial Officer

Senior Researcher

Client Relations Manager

Project Manager

Head of Human Resources

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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