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Employee Covenant Agreement
I need an Employee Covenant Agreement for a senior software developer joining our fintech startup in Hong Kong on March 1, 2025, with strong emphasis on protecting our proprietary technology and source code.
1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Sets out the context of the agreement and the employee's role
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', 'Business', and 'Restricted Period'
4. Confidentiality Obligations: Details the employee's obligations regarding confidential information during and after employment
5. Intellectual Property Rights: Covers the assignment and ownership of IP created during employment
6. Non-Competition: Specifies restrictions on working for competitors post-employment
7. Non-Solicitation of Customers: Prohibits solicitation of company customers post-employment
8. Non-Solicitation of Employees: Restricts poaching of company employees post-employment
9. Garden Leave: Provisions for placing employee on garden leave during notice period
10. Return of Company Property: Requirements for returning company property upon termination
11. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction
12. General Provisions: Standard boilerplate clauses including severability and entire agreement
1. Data Protection: Additional provisions for employees handling sensitive personal data or customer information
2. Social Media Policy: Guidelines for social media use and restrictions for employees with significant online presence
3. International Travel: Provisions for employees required to travel internationally
4. Industry-Specific Restrictions: Additional restrictions based on specific industry requirements (e.g., financial services, technology)
5. Commission Structure: For sales or commission-based roles, detailing commission calculations and payment terms
6. Remote Working: Provisions for employees working remotely, including confidentiality and security measures
7. Post-Termination Assistance: Requirements for providing assistance in pending matters after employment ends
1. Schedule 1 - Restricted Territory: Geographical areas where post-employment restrictions apply
2. Schedule 2 - Confidential Information: Detailed list of types of confidential information covered
3. Schedule 3 - Company Products/Services: Specific products or services the employee is restricted from competing with
4. Schedule 4 - Key Customers: List of key customers covered by non-solicitation provisions
5. Schedule 5 - Group Companies: List of affiliated companies covered by the restrictions
6. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement
Authors
Financial Services
Technology
Professional Services
Manufacturing
Healthcare
Retail
Telecommunications
Education
Consulting
Legal Services
Real Estate
Insurance
Banking
Pharmaceuticals
Information Technology
Human Resources
Legal
Sales
Business Development
Research & Development
Information Technology
Operations
Finance
Executive Management
Product Development
Customer Service
Marketing
Engineering
Strategy
Consulting
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Managing Director
Senior Manager
Department Head
Sales Director
Business Development Manager
Senior Software Engineer
Research Scientist
Product Manager
Account Director
Investment Banker
Legal Counsel
HR Director
Operations Manager
Technical Lead
Senior Consultant
Regional Manager
Project Manager
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