Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore. Sets out minimum standards for employment terms and conditions, including basic employment rights and obligations.
Competition Act (Chapter 50B): While primarily focused on business competition, provides relevant principles when considering reasonable restrictions in non-compete agreements.
Common Law Doctrine of Restraint of Trade: Legal principle requiring non-compete clauses to be reasonable and protecting legitimate business interests. Must be reasonable in geographic scope, duration, and scope of restricted activities.
Man Financial v Wong Bark Chuan David [2008]: Key Singapore court precedent regarding the enforceability of non-compete clauses and reasonableness requirements.
Tan Kok Yong Steve v Itochu Singapore Pte Ltd [2018]: Significant court case in Singapore providing guidance on the interpretation and enforcement of non-compete agreements.
Constitutional Rights - Article 13: Singapore constitutional provision regarding rights to property, which must be considered in the context of restrictive covenants.
Constitutional Rights - Article 14: Singapore constitutional provision on freedom of speech, assembly and association, relevant for considering the scope of restrictions.
Severance Pay Requirements: Must meet minimum statutory requirements, be clearly defined and quantifiable, with consideration for tax implications.
Enforceability Criteria: Non-compete clauses must protect legitimate business interests and cannot be wider than necessary to protect the employer's interests.
Additional Agreement Components: Must include clear definitions of confidential information, specific industry restrictions, notice periods, garden leave provisions, and dispute resolution mechanisms.
