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Non Compete Contract Template for Indonesia

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Key Requirements PROMPT example:

Non Compete Contract

"I need a Non-Compete Contract for a senior software developer in Jakarta who will have access to our proprietary AI algorithms and client database, with restrictions lasting until March 2025 and covering the Southeast Asian market."

Document background
The Non-Compete Contract serves as a crucial legal instrument in Indonesian business relationships, particularly when companies need to protect their intellectual property, trade secrets, customer relationships, and competitive advantage. This document is typically implemented during senior-level hiring or upon promotion to sensitive positions, ensuring that key employees cannot immediately compete against their former employer after leaving the organization. The agreement must be drafted in accordance with Indonesian law, particularly considering Law No. 13 of 2003 on Manpower and the Indonesian Civil Code. While Indonesian law does not specifically regulate non-compete agreements, their enforcement relies on general contract law principles and must demonstrate reasonable scope, duration, and geographic limitations. The document typically includes detailed provisions about restricted activities, compensation, and enforcement mechanisms, all while maintaining fairness and reasonableness under Indonesian legal standards.
Suggested Sections

1. Parties: Identification of the employer and employee/former employee, including complete legal names and addresses

2. Background: Context of the agreement, including the employment relationship and legitimate business interests being protected

3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Competing Business', 'Territory', and 'Restricted Period'

4. Scope of Non-Compete: Detailed description of prohibited competitive activities, including specific industry sectors and roles

5. Geographic Restrictions: Clear definition of the territorial scope where the non-compete obligations apply

6. Duration: Specific timeframe for the non-compete obligations, ensuring reasonableness under Indonesian law

7. Consideration: Details of compensation or benefits provided in exchange for the non-compete obligations

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

9. Acknowledgments: Employee's confirmation of understanding and voluntary acceptance of restrictions

10. Remedies: Consequences of breach, including available legal remedies and potential damages

11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and relevant jurisdiction for disputes

12. Execution: Signature blocks and formal execution requirements

Optional Sections

1. Garden Leave: Provisions for paid leave during the transition period, used when immediate separation with continued payment is desired

2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers, included when business relationships need extra protection

3. Return of Company Property: Procedures for returning company assets and materials, included when the employee has access to physical or digital assets

4. Post-Employment Cooperation: Requirements for cooperation in business transition or litigation, used when ongoing assistance may be needed

5. Severability: Provisions for maintaining validity of remaining clauses if certain provisions are found unenforceable, included in higher-risk agreements

6. Independent Legal Advice: Acknowledgment of opportunity to seek independent legal counsel, included for additional enforceability protection

Suggested Schedules

1. Schedule A - Restricted Activities: Detailed list of specific activities, businesses, and roles that are restricted

2. Schedule B - Territory Definition: Detailed maps or lists of geographic areas covered by the restrictions

3. Schedule C - Compensation Details: Breakdown of any financial compensation or benefits provided in exchange for the non-compete obligations

4. Appendix 1 - Confidential Information: Specific categories and examples of confidential information covered by the agreement

5. Appendix 2 - Key Clients and Contacts: List of specific clients and business relationships protected by the agreement, if applicable

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

Consumer Goods

Energy

Real Estate

Media and Entertainment

Consulting

Research and Development

E-commerce

Software Development

Relevant Teams

Legal

Human Resources

Executive Leadership

Sales

Research & Development

Product Development

Information Technology

Business Development

Operations

Finance

Marketing

Customer Relations

Strategic Planning

Engineering

Data Science

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Senior Software Engineer

Sales Director

Business Development Manager

Research Director

Product Manager

Senior Account Manager

Technical Lead

Department Head

Regional Manager

Senior Consultant

Head of Operations

Vice President

Managing Director

Chief Marketing Officer

Senior Data Scientist

Head of Research

Key Account Executive

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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