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Non Hire Agreement Template for India

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Key Requirements PROMPT example:

Non Hire Agreement

"I need a Non-Hire Agreement between my IT consulting firm based in Bangalore and our software development vendor, protecting both parties from hiring each other's technical staff for 18 months, effective March 1, 2025."

Document background
A Non-Hire Agreement is essential in business relationships where companies collaborate closely while wanting to protect their human capital investments. This document is particularly relevant in the Indian business environment, where employee mobility is high and talent retention is crucial. It establishes mutual obligations between parties to refrain from hiring each other's employees, typically during the business relationship and for a specified period afterward. The agreement must be carefully drafted to comply with Indian law, particularly the Indian Contract Act, 1872, and constitutional provisions protecting freedom of trade. Key considerations include reasonable temporal and geographical limitations, specific employee categories covered, and clear enforcement mechanisms. The document is commonly used in vendor-client relationships, strategic partnerships, and during corporate transactions.
Suggested Sections

1. Parties: Identifies the contracting parties, including their legal names, addresses, and company registration details

2. Background: Sets out the context and purpose of the agreement, including the business relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including 'Employee', 'Restricted Period', and 'Restricted Territory'

4. Non-Hire Obligations: Core restrictions regarding hiring or attempting to hire employees, including scope and specific prohibited activities

5. Duration: Specifies the time period during which the non-hire restrictions will remain in effect

6. Geographical Scope: Defines the territorial limits within which the restrictions apply

7. Exceptions: Lists permitted activities and circumstances where the restrictions do not apply

8. Remedies: Specifies the consequences of breach, including damages and injunctive relief

9. Representations and Warranties: Each party's confirmations regarding their authority and capacity to enter into the agreement

10. General Provisions: Standard contractual provisions including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Non-Solicitation Provisions: Additional restrictions on soliciting employees, useful when parties want broader protection beyond direct hiring

2. Recruitment Agency Provisions: Specific provisions regarding the use of recruitment agencies, necessary when parties regularly work with recruiters

3. Group Company Extensions: Extends protections to affiliated companies, relevant for corporate groups

4. Severance Provisions: Mechanisms for maintaining validity of remaining provisions if parts are found unenforceable

5. Dispute Resolution: Alternative dispute resolution procedures, recommended for high-value or complex relationships

6. Publicity and Confidentiality: Restrictions on discussing the agreement, important for sensitive business relationships

Suggested Schedules

1. Schedule 1 - Protected Employees: List of employee categories or specific roles covered by the agreement

2. Schedule 2 - Restricted Territory: Detailed description or map of geographical areas where restrictions apply

3. Schedule 3 - Affiliated Companies: List of group companies covered by the agreement, if applicable

4. Appendix A - Notice Requirements: Detailed procedures for giving notices under the agreement

5. Appendix B - Damages Calculation: Methodology for calculating liquidated damages in case of breach

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






























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Relevant Industries

Information Technology

Banking and Financial Services

Management Consulting

Healthcare

Telecommunications

Professional Services

Manufacturing

E-commerce

Research and Development

Biotechnology

Engineering Services

Software Development

Digital Marketing

Business Process Outsourcing

Relevant Teams

Human Resources

Legal

Executive Leadership

Procurement

Business Development

Strategic Planning

Talent Acquisition

Risk Management

Compliance

Operations

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Business Development Manager

Chief Technology Officer

Project Manager

Department Head

Operations Director

Procurement Manager

Strategic Planning Director

Talent Acquisition Manager

Risk Management Officer

Compliance Officer

Chief Financial Officer

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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