This Non-Compete Employment Contract is designed for use in Hong Kong employment relationships where protecting business interests is crucial. It combines standard employment terms with robust non-compete provisions that comply with Hong Kong's common law requirements for reasonableness and enforceability. The document is particularly relevant for senior employees, those with access to confidential information, or roles involving significant client relationships. It includes detailed provisions on restricted activities, geographical limitations, and time periods, while incorporating necessary considerations for Hong Kong's dynamic business environment and legal framework. The agreement is structured to protect legitimate business interests while remaining enforceable under Hong Kong law's scrutiny of restraint of trade provisions.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Restricted Business', 'Restricted Period', and 'Restricted Territory'
4. Employment Terms: Basic terms of employment including position, duties, and reporting structure
5. Non-Compete Obligations: Core restrictions during and after employment, including scope, duration, and geographical limitations
6. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers
7. Confidentiality: Obligations regarding confidential information and trade secrets
8. Consideration: Specific consideration provided for the non-compete obligations
9. Garden Leave: Provisions for garden leave during notice period
10. Acknowledgments: Employee's acknowledgment of reasonableness of restrictions
11. Remedies: Available remedies in case of breach, including injunctive relief
12. Governing Law and Jurisdiction: Specification of Hong Kong law and courts' jurisdiction
13. General Provisions: Standard boilerplate clauses including severability and entire agreement
1. International Travel: For roles requiring travel outside Hong Kong
2. Intellectual Property: For roles involving creation of IP or technical innovations
3. Commission Structure: For sales or commission-based positions
4. Post-termination Compensation: When specific compensation is offered during non-compete period
5. Group Company Provisions: When restrictions need to extend to related group companies
6. Data Protection: Enhanced data protection provisions for roles handling sensitive information
7. Training Obligations: For roles requiring specific training investments by the employer
1. Schedule 1 - Position Description: Detailed description of employee's role and responsibilities
2. Schedule 2 - Restricted Territory: Specific geographical areas covered by non-compete restrictions
3. Schedule 3 - Compensation Details: Breakdown of salary, benefits, and any non-compete compensation
4. Schedule 4 - Restricted Businesses: List of specific competitors or business types covered by restrictions
5. Appendix A - Confidential Information: Categories and examples of confidential information
6. Appendix B - Company Policies: Reference to relevant company policies affecting the non-compete obligations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Professional Services
Manufacturing
Retail and Consumer
Healthcare and Pharmaceuticals
Telecommunications
Real Estate and Property Development
Insurance
Trading and Distribution
Consulting
Media and Entertainment
Relevant Teams
Legal
Executive Leadership
Sales
Research and Development
Product Development
Client Services
Operations
Information Technology
Business Development
Investment
Human Resources
Strategy
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Sales Director
Account Manager
Senior Software Developer
Research Director
Regional Manager
Product Manager
Business Development Director
Senior Consultant
Investment Manager
Head of Operations
Technical Lead
Client Relationship Manager
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