Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore. While it doesn't directly regulate non-compete agreements, it provides the fundamental framework for employment relationships and must be considered in drafting.
Competition Act (Chapter 50B): Ensures the non-compete agreement complies with competition laws and doesn't create unfair market restrictions. Must be considered to avoid creating anti-competitive conditions.
Common Law Restraint of Trade: Legal principles governing restrictions on trade, including reasonableness doctrine, legitimate proprietary interests, and geographic/temporal limitations. Agreement must not be wider than necessary to protect legitimate business interests.
Insurance Act (Chapter 142): Specific regulations governing insurance business, including licensing requirements and confidentiality obligations that must be incorporated into the non-compete agreement.
MAS Guidelines: Monetary Authority of Singapore regulatory requirements for insurance industry, including compliance requirements and business conduct standards that affect non-compete provisions.
Duration Restrictions: Legal consideration regarding the reasonable time period for which the non-compete restrictions will apply after employment termination.
Geographical Scope: Consideration of the reasonable geographic bouNDAries where the non-compete restrictions will apply, must be justified by business interests.
Prohibited Activities Scope: Clear definition of what activities are restricted under the non-compete agreement, must be specific and reasonable.
Confidentiality Provisions: Requirements for protecting confidential information and trade secrets as part of the non-compete agreement.
Enforceability Requirements: Legal considerations to ensure the agreement is enforceable under Singapore law, including reasonable restrictions and valid consideration.
