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Compensation For Non Compete Agreement Template for Singapore

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Key Requirements PROMPT example:

Compensation For Non Compete Agreement

"Need a Compensation For Non Compete Agreement for our Singapore-based senior software engineer who will be leaving in March 2025, restricting work with direct competitors in Southeast Asia for 12 months, with monthly compensation of SGD 5,000."

Document background
The Compensation For Non Compete Agreement is essential for Singapore-based businesses seeking to protect their legitimate business interests while ensuring fair treatment of departing employees. This document is typically used when an organization needs to prevent key employees from working for competitors or starting competing businesses while ensuring compliance with Singapore's legal framework. The agreement must balance the employer's need to protect proprietary information and business relationships with the employee's right to earn a living. It details specific compensation arrangements, restricted activities, geographic limitations, and duration of restrictions, all while adhering to Singapore's reasonableness requirements under common law.
Suggested Sections

1. Parties: Identification of employer and employee with full legal names and addresses

2. Background: Context of the agreement and employment relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Restrictions: Detailed description of prohibited activities

5. Duration: Time period for non-compete obligations

6. Geographic Scope: Territorial limits of restrictions

7. Compensation: Amount and payment terms for non-compete period

8. Enforcement: Rights and remedies for breach

Optional Sections

1. Confidentiality Obligations: Additional confidentiality terms where not covered in main employment agreement

2. Non-Solicitation: Restrictions on soliciting employees or customers when protection against poaching is required

3. Early Termination: Conditions for early termination of non-compete obligations when flexibility in duration is desired

Suggested Schedules

1. Schedule of Compensation: Detailed breakdown of compensation structure and payment schedule

2. Schedule of Restricted Activities: Detailed list of specific activities prohibited during non-compete period

3. Schedule of Restricted Territories: Detailed list of geographic areas where restrictions apply

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



















Clauses




















Industries

Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore. While it doesn't specifically address non-compete clauses, it provides the fundamental framework for employment relationships and must be considered in drafting.

Common Law Principles - Restraint of Trade: Singapore courts follow the common law doctrine of restraint of trade. Non-compete clauses must be reasonable to be enforceable under these principles.

Case Law - Cactus Pte Ltd v Carlone Graziella [2021]: Key Singapore case law establishing guidelines for reasonable restrictions in non-compete agreements.

Case Law - Man Financial (S) Pte Ltd v Wong Bark Chuan David [2008]: Significant case law establishing principles for enforcement of non-compete clauses in Singapore.

Legitimate Proprietary Interest Requirement: Legal principle requiring that non-compete clauses must protect genuine business interests and cannot merely prevent competition.

Reasonableness Requirements: Legal principle requiring reasonable restrictions in terms of geographic scope, duration, and scope of restricted activities.

Compensation Requirements: Legal principle requiring reasonable and commensurate compensation with clear payment terms and conditions for non-compete restrictions.

Contract Act (Chapter 53): Legislation governing basic contract formation principles and consideration requirements in Singapore.

Competition Act (Chapter 50B): Legislation ensuring the agreement doesn't violate competition laws in Singapore.

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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