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Employee Non Solicitation Agreement Template for Singapore

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Key Requirements PROMPT example:

Employee Non Solicitation Agreement

"I need an Employee Non Solicitation Agreement for our Singapore tech startup that prevents departing senior developers from poaching our engineering team for 12 months after they leave, to be implemented from January 2025."

Document background
An Employee Non Solicitation Agreement is a crucial business protection tool in Singapore's competitive employment landscape. It is typically used when an organization wants to protect itself from departing employees who might attempt to recruit their former colleagues, potentially disrupting business operations and team stability. The agreement must be carefully drafted to comply with Singapore's employment laws and common law principles, ensuring enforceability while balancing employer protection with employee rights. It typically includes specific provisions about duration, geographical scope, and the exact nature of prohibited solicitation activities.
Suggested Sections

1. Parties: Identification of the employer and employee

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used in the agreement including 'solicitation', 'restricted period', etc.

4. Non-Solicitation Obligations: Core restrictions regarding solicitation of employees

5. Duration: Time period for which restrictions apply

6. Geographic Scope: Territorial extent of restrictions

7. Governing Law: Specification of Singapore law as governing law

Optional Sections

1. Consideration: Additional consideration provided for the restrictions, used when agreement is standalone rather than part of employment contract

2. Garden Leave: Provisions regarding garden leave period, used when applicable to senior employees

3. Remedies: Specific remedies for breach, including injunctive relief, used in high-risk situations

4. Severability: Provisions for partial enforcement if some terms found invalid, recommended for complex restrictions

Suggested Schedules

1. List of Restricted Employees: Schedule defining specific employees or categories of employees that cannot be solicited

2. Territorial Scope Map: Visual representation of geographic restrictions if complex

3. Acknowledgment Form: Form for employee to acknowledge understanding and acceptance of restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses




















Industries

Singapore Contract Law: Common law principles governing contract formation including requirements for offer, acceptance, consideration, and intention to create legal relations

Employment Act (Cap. 91): Primary legislation governing employment relationships in Singapore, providing framework for employment terms and conditions

Tripartite Guidelines on Fair Employment Practices: Guidelines issued by Singapore government and social partners setting standards for fair employment practices

Competition Act (Cap. 50B): Legislation ensuring restrictions in agreements are not anti-competitive and comply with Singapore competition law

Restraint of Trade Doctrine: Common law principles requiring restrictions to be reasonable in duration, geographical scope, and scope of prohibited activities

Singapore Constitution Article 14: Constitutional provision protecting freedom of association, which must be considered when restricting employment rights

Legitimate Business Interest Requirement: Legal principle requiring that non-solicitation restrictions must protect a genuine business interest to be enforceable

Reasonableness Test: Legal requirement that scope, duration, and geographical restrictions must be reasonable and not wider than necessary to protect business interests

Public Policy Considerations: Legal principle requiring that non-solicitation agreements must not be contrary to public interest or prevent an employee from earning a living

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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