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Waiving Non Compete Agreement Generator for Singapore

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Key Requirements PROMPT example:

Waiving Non Compete Agreement

"I need a Waiving Non Compete Agreement to release our former CTO from their non-compete restrictions effective March 1, 2025, but want to maintain confidentiality obligations regarding our AI technology patents."

Document background
A Waiving Non-Compete Agreement is utilized when a company decides to release an employee from previously imposed non-compete restrictions. This document is particularly relevant in Singapore's dynamic business environment where employee mobility is increasingly important. The agreement specifically outlines which restrictions are being waived, the effective date of the waiver, and any surviving obligations. It must be drafted in compliance with Singapore's employment laws and the common law doctrine of restraint of trade. This type of agreement is often used during amicable separations or when market conditions make enforcement unnecessary.
Suggested Sections

1. Parties: Identification of the parties to the agreement - the employer/company waiving the non-compete and the employee/individual being released

2. Background: Context of the original non-compete agreement, its date, and the circumstances leading to this waiver

3. Definitions: Key terms used in the agreement including reference to the original agreement, effective date, and scope of waiver

4. Waiver Details: Specific terms of the waiver including scope, effective date, and explicit waiver language releasing the individual from non-compete obligations

5. Governing Law: Confirmation of Singapore law as governing law and jurisdiction for any disputes

6. Execution: Signature blocks and execution details for all parties

Optional Sections

1. Surviving Obligations: Section detailing any obligations that continue despite the waiver, such as confidentiality or intellectual property provisions

2. Consideration: Details of any payment or consideration being provided in exchange for the waiver

3. Confidentiality: Provisions regarding the confidentiality of the waiver agreement and any surviving confidentiality obligations

Suggested Schedules

1. Schedule 1 - Original Non-Compete Agreement: Copy or extract of the original non-compete agreement being waived

2. Schedule 2 - Specific Restrictions Being Waived: Detailed list of specific restrictions being waived, if not all provisions are being waived

3. Schedule 3 - Corporate Authorizations: Copies of any required corporate approvals or board resolutions authorizing the waiver

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


















Industries

Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore. While it doesn't specifically regulate non-compete agreements, it provides the fundamental framework for employment relationships and must be considered in the context of waiving employment-related agreements.

Contract Law - General Principles: Common law principles governing contract formation, enforcement, and termination, including the Unfair Contract Terms Act (Cap. 396). Essential for ensuring the waiver agreement is legally valid and enforceable.

Restraint of Trade Doctrine: Legal doctrine applied by Singapore courts to evaluate restrictive covenants. Focuses on reasonableness of restrictions in terms of geographic scope, duration, and scope of restricted activities.

Case Law - Man Financial (S) Pte Ltd v Wong Bark Chuan David: Key Singapore case law from 2008 [1 SLR(R) 663] that sets precedent for what constitutes reasonable restrictions in non-compete agreements and their enforcement.

Competition Act (Chapter 50B): Singapore's primary competition legislation that must be considered to ensure the waiver doesn't create any anti-competitive effects or violate competition laws.

Personal Data Protection Act 2012: Singapore's data protection legislation that must be considered if the waiver agreement contains or references personal information of the parties involved.

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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