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Employee Exclusivity Agreement Template for India

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Key Requirements PROMPT example:

Employee Exclusivity Agreement

"I need an Employee Exclusivity Agreement under Indian law for a senior software architect who will be working on confidential AI projects, with special emphasis on IP protection and permission required for any external technical consulting or speaking engagements."

Document background
The Employee Exclusivity Agreement is essential for organizations operating in India that need to secure the undivided attention and loyalty of key employees. This document becomes particularly relevant in competitive industries where employees may have opportunities to engage in parallel business activities or secondary employment. The agreement must carefully balance the employer's legitimate business interests with the fundamental rights guaranteed under Article 19(1)(g) of the Indian Constitution. It typically includes detailed provisions on working hours, compensation, permitted activities, and consequences of breach, while ensuring compliance with the Indian Contract Act, 1872, and relevant labor laws. The agreement is particularly important for roles involving access to sensitive information, client relationships, or strategic decision-making.
Suggested Sections

1. Parties: Identification of the employer and employee, including their legal names, addresses, and registration details where applicable

2. Background: Context of the agreement, employment relationship, and purpose of the exclusivity arrangement

3. Definitions: Key terms used in the agreement, including 'Exclusivity Period', 'Business Activities', 'Competing Activities', etc.

4. Scope of Employment: Details of the employee's role, responsibilities, and employment terms

5. Exclusivity Obligations: Core provisions detailing the exclusive nature of employment and specific restrictions

6. Permitted Activities: Activities that are explicitly allowed despite the exclusivity arrangement

7. Working Hours and Availability: Specific requirements regarding time commitment and availability

8. Remuneration and Benefits: Compensation details, including any additional benefits for exclusivity

9. Confidentiality: Provisions protecting confidential information and trade secrets

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Post-Termination Obligations: Continuing obligations after the agreement ends

12. Breach and Remedies: Consequences of breach and available remedies

13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Non-Solicitation: Additional restrictions on soliciting clients or employees, included when the employee has significant client relationships

2. Intellectual Property Rights: Detailed IP provisions, included when the role involves creation of IP

3. Performance Metrics: Specific performance targets and evaluation criteria, included for senior roles or sales positions

4. Compensation Review: Provisions for periodic review of compensation, included for long-term agreements

5. Special Projects: Terms for additional projects or responsibilities, included when role involves project-based work

6. Travel and Expenses: Terms regarding business travel and expense reimbursement, included when role requires travel

7. Training and Development: Provisions regarding professional development, included when employer provides significant training

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of the employee's role and responsibilities

2. Schedule 2 - Compensation Structure: Detailed breakdown of salary, benefits, and any performance-based incentives

3. Schedule 3 - Prohibited Activities: Specific list of activities that are expressly prohibited during the exclusivity period

4. Schedule 4 - Approved External Activities: List of pre-approved activities or engagements outside the scope of employment

5. Appendix A - Company Policies: Reference to relevant company policies that form part of the agreement

6. Appendix B - Reporting Requirements: Specific reporting obligations and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Professional Services

Banking and Finance

Healthcare

Pharmaceuticals

Management Consulting

Research and Development

Entertainment

Media and Communications

Education and Training

Engineering Services

Biotechnology

Relevant Teams

Human Resources

Legal

Executive Leadership

Research & Development

Sales

Business Development

Product Development

Client Services

Investment Banking

Creative Services

Clinical Research

Engineering

Strategic Planning

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Manager

Technical Architect

Research Scientist

Senior Consultant

Product Manager

Business Development Manager

Key Account Manager

Department Head

Principal Engineer

Creative Director

Senior Analytics Specialist

Investment Advisor

Clinical Research Director

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

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