Hong Kong Non-Compete Agreement Template
Sample Non-Compete Agreement for Hong Kong
This is a basic template. Specific terms may vary depending on your business, the employee's role, and local laws.
Non-Compete Agreement
This Non-Compete Agreement (the "Agreement") is made and entered into as of [Date] by and between [Company Name] (the "Company") and [Employee Name] (the "Employee").
1. Definitions
Confidential Information: Any information, know-how, trade secrets, customer lists, or other proprietary information of the Company, whether disclosed orally or in writing, that is not generally known to the public.
Competing Business: Any business that directly competes with the Company's business in Hong Kong or any other jurisdiction where the Company operates.
2. Non-Compete Covenant During the term of this Agreement and for a period of [Number] months (or years) after the termination of the Employee's employment, the Employee shall not:
Directly or indirectly own, manage, operate, control, or be employed by any Competing Business.
Solicit or attempt to solicit any of the Company's customers or business partners to do business with a Competing Business.
Disclose or use any of the Company's Confidential Information for any purpose other than the Company's benefit.
3. Exceptions The non-compete covenant shall not apply to the Employee if the Employee is terminated without cause.
4. Remedies If the Employee breaches any of the covenants in this Agreement, the Company shall be entitled to injunctive relief, specific performance, or any other appropriate remedies.
5. Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
6. Governing Law This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
[Signatures of Company Representative and Employee]
Important Considerations
Reasonableness: Hong Kong courts have generally upheld non-compete agreements that are reasonable in terms of scope, duration, and geographic area.
Legitimate Business Interests: The agreement should protect legitimate business interests, such as trade secrets or customer relationships.
Consideration: The Employee should receive adequate consideration for entering into the non-compete agreement, such as additional compensation or benefits.
Restrictive Covenants Ordinance: Be aware of the Restrictive Covenants Ordinance, which imposes certain restrictions on restrictive covenants in employment contracts.
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