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Non Compete Agreement After Resignation Template for Germany

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Key Requirements PROMPT example:

Non Compete Agreement After Resignation

"I need a Non Compete Agreement After Resignation for our departing Chief Technology Officer who will leave on March 1, 2025, including specific restrictions on working with AI technology companies in the DACH region and protection of our machine learning intellectual property."

Document background
The Non-Compete Agreement After Resignation is a crucial document used in German employment law contexts when a company needs to protect its legitimate business interests following an employee's departure. It becomes relevant when an employee with access to sensitive information, important client relationships, or valuable trade secrets resigns from their position. The agreement must comply with strict German legal requirements, including mandatory compensation (Karenzentsch盲digung) of at least 50% of the last contractual remuneration, a maximum duration of two years, and reasonable geographical and professional scope limitations. This document is particularly important in highly competitive industries or for positions involving access to confidential information, and must balance the employer's protection needs with the employee's constitutional right to freely choose their occupation under German law.
Suggested Sections

1. Parties: Identification of the employer and the former employee, including full legal names and addresses

2. Background: Brief context of the employment relationship and circumstances of the resignation

3. Definitions: Key terms used in the agreement, particularly defining 'Competitive Activity', 'Competitive Business', and 'Territory'

4. Duration of Non-Compete: Specification of the non-compete period (maximum 2 years under German law)

5. Scope of Non-Compete: Detailed description of prohibited activities, industries, and geographical limitations

6. Compensation: Details of the mandatory compensation (minimum 50% of last contractual remuneration) and payment terms

7. Reduction of Compensation: Provisions regarding reduction of compensation in case of other employment during the restricted period

8. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets

9. Breach and Penalties: Consequences of breach, including potential contractual penalties (Vertragsstrafe)

10. Governing Law: Specification of German law as governing law and jurisdiction

11. Severability: Standard clause ensuring partial validity if individual provisions are found invalid

Optional Sections

1. Customer Non-Solicitation: Additional restrictions on approaching former customers, if applicable to the role

2. Employee Non-Solicitation: Restrictions on recruiting former colleagues, if relevant to the position

3. Early Termination Rights: Employer's right to waive the non-compete obligation with notice

4. Post-Termination Assistance: Provisions for transition assistance or knowledge transfer

5. Return of Property: Specific provisions about company property return, if not covered in main employment termination

6. Garden Leave Credits: Treatment of any garden leave period in relation to the non-compete period

7. Special Industry Regulations: Additional provisions required for regulated industries or professions

Suggested Schedules

1. Schedule 1 - Competitive Business Definition: Detailed list of specific competitors, products, or services considered competitive

2. Schedule 2 - Territorial Scope: Detailed maps or lists of geographical areas covered by the restriction

3. Schedule 3 - Compensation Calculation: Detailed breakdown of the compensation calculation, including base salary, bonuses, and benefits

4. Appendix A - Last Employment Contract: Reference copy of relevant sections from the last employment contract

5. Appendix B - Acknowledgment Form: Form for periodic acknowledgment of compliance with non-compete obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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

Technology & Software

Financial Services

Professional Services

Manufacturing

Pharmaceuticals & Healthcare

Telecommunications

Management Consulting

Research & Development

Consumer Goods

Industrial Engineering

Chemical Industry

Biotechnology

E-commerce

Digital Marketing

Investment Banking

Relevant Teams

Executive Leadership

Research & Development

Sales

Business Development

Product Development

Information Technology

Marketing

Finance

Operations

Strategy

Client Services

Engineering

Investment Banking

Human Resources

Legal

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Sales Director

Business Development Manager

Research Scientist

Product Manager

Financial Controller

Management Consultant

Technical Lead

Head of Marketing

Senior Account Manager

Investment Banker

Operations Director

Chief Financial Officer

Head of Research

Regional Sales Manager

Senior Strategy Consultant

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

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