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Employee Undertaking Agreement
"I need an Employee Undertaking Agreement for a Hong Kong technology startup, focusing heavily on protecting our software IP and trade secrets, with strong non-compete provisions for our senior developers who will have access to our core proprietary algorithms."
1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Brief context about the employment relationship and purpose of the undertaking
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', 'Company Property', etc.
4. Duration and Application: Specifies when the undertakings begin and how long they remain in effect
5. Confidentiality Obligations: Details the employee's obligations regarding confidential information, including use, storage, and non-disclosure
6. Intellectual Property Rights: Covers ownership and assignment of IP created during employment
7. Company Property: Obligations regarding company property, including return upon termination
8. Non-Solicitation: Restrictions on soliciting company employees, clients, or suppliers
9. Data Protection: Employee's obligations regarding personal and company data handling
10. General Provisions: Standard clauses including governing law, entire agreement, and severability
1. Non-Competition: Restrictions on working for competitors - optional as may not be enforceable in all circumstances or necessary for all roles
2. External Activities: Restrictions on outside business activities - relevant for senior positions or specific industries
3. Social Media Policy: Guidelines for social media use - particularly relevant for marketing or public-facing roles
4. Specific Project Undertakings: Special obligations related to specific projects - used when employee works on sensitive or strategic projects
5. Training Obligations: Commitments regarding training costs and potential repayment - relevant when significant training investment is involved
6. Post-Employment Cooperation: Obligations to assist with transitions or legal proceedings after employment - important for senior roles
1. Schedule 1 - Confidential Information: Detailed list of what constitutes confidential information for the specific role
2. Schedule 2 - Restricted Clients: List of clients covered by non-solicitation provisions
3. Schedule 3 - Company Property: Inventory of company property provided to the employee
4. Schedule 4 - Specific Projects: Details of specific projects and related confidentiality requirements
5. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement
6. Appendix B - IP Assignment Form: Detailed form for assigning intellectual property rights to the company
Authors
Technology
Financial Services
Professional Services
Healthcare
Manufacturing
Research and Development
Telecommunications
Retail
Education
Media and Entertainment
Pharmaceuticals
Consulting
Human Resources
Legal
Information Technology
Research & Development
Sales
Marketing
Finance
Operations
Customer Service
Product Development
Business Development
Administration
Executive Leadership
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Senior Manager
Project Manager
Software Developer
Research Scientist
Sales Executive
Account Manager
Human Resources Manager
Marketing Director
Product Manager
Business Analyst
Data Scientist
Legal Counsel
Financial Analyst
Operations Manager
Customer Service Representative
Technical Support Specialist
Administrative Assistant
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