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Agreement Not To Work For Competitor
"I need an Agreement Not To Work For Competitor for our new Chief Technology Officer in Berlin who will have access to our AI development roadmap and source code, with the agreement to take effect from March 1, 2025, including specific provisions for the semiconductor and machine learning sectors."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, including the employee's role and access to confidential information
3. Definitions: Key terms including 'Competitive Activity', 'Restricted Period', 'Restricted Territory', and 'Confidential Information'
4. Scope of Non-Compete Obligation: Detailed description of prohibited activities and competitor definitions
5. Duration: Specification of the non-compete period (maximum 2 years under German law)
6. Geographic Scope: Definition of the territorial boundaries where the restriction applies
7. Compensation: Mandatory waiting allowance (Karenzentschädigung) of at least 50% of the last contractual remuneration
8. Payment Terms: Schedule and method of compensation payment
9. Reduction of Compensation: Conditions under which compensation may be reduced due to other earnings
10. Breach and Remedies: Consequences of violation and available legal remedies
11. Governing Law: Explicit statement of German law application
12. Severability: Provision ensuring partial validity if certain clauses are found unenforceable
1. Garden Leave: Used when the employer wishes to include provisions about paid leave during notice period
2. Customer Non-Solicitation: Added when employee had significant customer contact and relationship
3. Employee Non-Solicitation: Included when employee had management role or access to sensitive employee information
4. Return of Company Property: Added when employee had access to physical or digital company assets
5. Continuing Confidentiality Obligations: Used when additional confidentiality provisions beyond standard non-compete are needed
6. Training Cost Reimbursement: Included when employer provided significant specialized training
7. Third Party Rights: Added when affiliates or related companies need protection under the agreement
1. Schedule 1: Compensation Calculation: Detailed breakdown of the compensation calculation including base salary, bonuses, and benefits
2. Schedule 2: List of Competitors: Specific companies or types of businesses considered competitors
3. Schedule 3: Restricted Territory: Detailed geographic description or map of restricted area
4. Appendix A: Employee's Position and Duties: Detailed description of employee's role and responsibilities relevant to the non-compete
5. Appendix B: Confidential Information: Specific categories of confidential information the employee had access to
Authors
Technology
Manufacturing
Pharmaceuticals
Financial Services
Professional Services
Automotive
Telecommunications
Chemical Industry
Software Development
Biotechnology
Management Consulting
Research and Development
Executive Leadership
Research & Development
Sales
Product Development
Information Technology
Operations
Business Development
Engineering
Professional Services
Finance
Strategy
Client Services
Chief Executive Officer
Chief Technology Officer
Sales Director
Senior Software Engineer
Research Scientist
Product Manager
Business Development Manager
Technical Lead
Senior Consultant
Head of Operations
Chief Financial Officer
Regional Manager
Account Executive
Solutions Architect
Senior Project Manager
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