EXPLANATORY NOTES FOR THE EMPLOYEE RESTRAINT OF TRADE AGREEMENT

This agreement is for use by businesses that wish to restrain certain employees who have specialist skills and knowledge. A restraint of trade agreement is also known as a “Non-compete Agreement“.

We suggest that employers err on the side of caution when requiring employees to conclude restraint of trade agreements. Broadly, the transfer of an employee’s general skills and knowledge cannot be restrained and to require such of an employee is unconstitutional.

Further articles or guides shall be made available on employee restraint of trade agreements and on non-compete clauses in franchise agreements. Continue visiting this site for updated content in these specific regards. In the interim, should you require more substantive advice on non-compete agreements (whether relating to employees or franchisees), please do not hesitate to contact us for a quote in this regard (this service shall form part of Virtual Legal Consulting; please see the page titled such for further information).

This Employee Restraint of Trade Agreement:

  • is legally substantive (4 pages in total);
  • is bordered;
  • has pages numbered;
  • is fully justified;
  • is typed up using Tahoma font, size 10;
  • has been meticulously spell-checked;
  • is extremely professional in its appearance;
  • has several drafting notes therein for guidance;
  • can be printed onto 4 A4 pages. (In the interests of the environment, it is suggested that the agreement be printed back to back on 2 pages.).

This EMPLOYEE RESTRAINT OF TRADE AGREEMENT has the following clauses:

  1. PARTIES
  2. DEFINITIONS AND INTERPRETATION
  3. INTRODUCTION
  4. EFFECTIVE DATE AND DURATION
  5. RESTRAINT, COPYRIGHT AND CONFIDENTIALITY
  6. GOOD FAITH
  7. CONSIDERATION
  8. GOVERNING LAW AND JURISDICTION
  9. RESOLUTION OF DISPUTES
  10. DOMICILIUM AND NOTICES
  11. GENERAL

Please read carefully through the agreement and fill in all missing details; in preparing a signature document, please have regard to all the notes we have placed hereon to assist you with the conclusion of a professional, legally binding agreement.