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Non Hire Agreement Template for Singapore

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Key Requirements PROMPT example:

Non Hire Agreement

"I need a Non-Hire Agreement to prevent our IT consulting vendor from hiring our software developers for 18 months after our project ends in March 2025, applicable only in Singapore and Malaysia."

Document background
Non-Hire Agreements are crucial business documents used when companies enter into business relationships where there is potential access to each other's employees. These agreements are particularly relevant in Singapore's competitive business environment where talent retention is critical. The Non-Hire Agreement typically specifies the duration of the restriction, covered employees, geographical scope, and any exceptions to the hiring restriction. It's essential to ensure compliance with Singapore's employment laws, competition regulations, and common law principles regarding restraint of trade.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used tHRoughout the agreement

4. Non-Hire Obligations: Core restrictions and specific prohibited activities

5. Duration: Time period for which restrictions apply

6. Geographic Scope: Territorial limits of the restrictions

7. Governing Law: Specification of Singapore law as governing law

Optional Sections

1. Exceptions: Specific situations where restrictions don't apply - used when certain hiring scenarios need to be explicitly permitted

2. Remedies: Specific remedies for breach of agreement - used when parties want to specify particular consequences of breach

3. Mutual Non-Hire: Reciprocal non-hire obligations - used when both parties agree to restrict hiring from each other

Suggested Schedules

1. Schedule of Restricted Employees: List of specific employees or positions covered by the agreement

2. Schedule of Affiliated Companies: List of related companies covered by the restrictions

3. Schedule of Permitted Exceptions: Detailed list of permitted hiring scenarios

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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Industries

Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore. Provides the basic framework for understanding employment relationships and protections.

Competition Act (Chapter 50B): Ensures non-hire provisions don't constitute anti-competitive behavior. Must comply with competition law principles to avoid illegal market restrictions.

Contract Law (Common Law): Singapore follows English common law system. Governs basic contract formation requirements including offer, acceptance, consideration, and intention to create legal relations.

Competition Guidelines: Guidelines issued by Competition Commission of Singapore (CCS) that provide framework for compliance with competition regulations.

Constitution of Singapore: Fundamental law including Article 12 (equal protection) and Article 13 (freedom of movement) that may affect enforceability of restrictions.

Reasonableness Doctrine: Legal principle requiring restrictions to be reasonable in duration, geographical scope, and scope of prohibited activities.

Legitimate Business Interests Principle: Legal requirement that restrictions must protect legitimate business interests rather than simply preventing competition.

Public Policy Considerations: Legal principle requiring that agreements must not contravene public policy or restrict trade unreasonably.

Enforceability Requirements: Legal principle that courts may not enforce overly broad or unreasonable restrictions in non-hire agreements.

Clear Definition Requirements: Legal requirement for clear definitions of prohibited hiring activities, covered employees/positions, time period, and geographical scope.

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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