Document background
The Agreement Not To Work For Competitor is a crucial document in South African employment law, designed to protect employers' legitimate business interests while respecting constitutional rights to trade and occupation. It becomes relevant when employees have access to sensitive information, trade secrets, customer relationships, or specialized knowledge that could disadvantage the employer if used by a competitor. The agreement must be carefully drafted to ensure enforceability under South African law, which requires reasonable limitations on duration, geographical scope, and restricted activities. Typically used for senior employees, technical specialists, or those with access to confidential information, this agreement should be implemented at the start of employment or with appropriate consideration for existing employees. The document must balance the employer's need for protection against the employee's right to earn a living, following principles established by South African courts.
