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Staffing Non Compete Agreement Template for New Zealand

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Key Requirements PROMPT example:

Staffing Non Compete Agreement

"I need a Staffing Non Compete Agreement for a software development company in Auckland, covering senior developers who have access to our proprietary code and client relationships, with a restriction period of 12 months within New Zealand and Australia."

Document background
This Staffing Non Compete Agreement is designed for use in New Zealand business contexts where protection of legitimate business interests is essential. The document is particularly relevant when engaging employees or contractors who will have access to sensitive information, significant client relationships, or valuable intellectual property. It includes carefully crafted restrictions that comply with New Zealand's restraint of trade principles, ensuring enforceability while balancing the employer's interests with the employee's right to work. The agreement should be customized based on factors such as the employee's role, access to confidential information, and the geographical scope of the business. Under New Zealand law, non-compete provisions must be reasonable in duration and scope to be enforceable.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - typically the employer/staffing company and the employee/contractor

2. Background: Sets out the context of the agreement, including the nature of the employment/contractor relationship and the legitimate business interests being protected

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Restricted Business', 'Territory', and 'Restricted Period'

4. Scope of Restrictions: Details the specific non-compete obligations, including temporal and geographical limitations

5. Non-Solicitation: Prohibitions on soliciting clients, employees, or contractors of the company

6. Confidentiality Obligations: Requirements regarding the protection and non-disclosure of confidential information

7. Duration: Specifies the time period for which the restrictions apply

8. Geographical Area: Defines the geographical boundaries within which the restrictions apply

9. Acknowledgments: Employee/contractor acknowledgments regarding the reasonableness of restrictions

10. Remedies: Sets out the consequences of breach and available remedies

11. General Provisions: Standard contract clauses including governing law, entire agreement, and severability

Optional Sections

1. Garden Leave: Provisions for paid leave during notice period - used when there's a higher risk of competitive activity

2. Post-Employment Compensation: Details any compensation provided specifically for the non-compete period - used when payment is offered to support enforceability

3. Intellectual Property: Additional provisions regarding IP rights - used when the role involves creation or access to significant IP

4. Return of Property: Specific requirements for returning company property - used for roles with access to sensitive materials

5. Independent Legal Advice: Acknowledgment of receiving independent legal advice - used for higher-level positions or complex restrictions

6. Variation for Different Jurisdictions: Modifications for different geographical areas - used when the agreement needs to be enforceable across multiple regions

Suggested Schedules

1. Schedule 1 - Restricted Clients: List of specific clients or client categories covered by non-solicitation provisions

2. Schedule 2 - Restricted Territory: Detailed description or map of geographical areas covered by restrictions

3. Schedule 3 - Confidential Information: Detailed list or categories of confidential information covered by the agreement

4. Schedule 4 - Compensation Details: Specific details of any compensation provided for the non-compete period

5. Appendix A - Notice Requirements: Detailed procedures for giving notices under the agreement

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






























Clauses

























Relevant Industries

Professional Services

Information Technology

Financial Services

Healthcare

Recruitment and Staffing

Management Consulting

Technology and Software Development

Sales and Marketing

Engineering and Manufacturing

Biotechnology and Pharmaceuticals

Relevant Teams

Human Resources

Legal

Sales

Business Development

Executive Leadership

Research and Development

Client Services

Product Development

Professional Services

Information Technology

Relevant Roles

Senior Executive

Sales Manager

Account Executive

Technical Lead

Software Developer

Business Development Manager

Research Scientist

Management Consultant

Financial Advisor

Product Manager

Senior Engineer

Client Relationship Manager

Human Resources Director

Chief Technology Officer

Regional Sales 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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