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Employee Covenant Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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.

Document background
The Employee Covenant Agreement is typically implemented when onboarding new employees or updating terms for existing employees who have access to sensitive information, key client relationships, or valuable intellectual property. This document is particularly crucial in Hong Kong's dynamic business environment, where employee mobility is high and protection of business interests is paramount. The agreement encompasses various protective measures including confidentiality obligations, non-compete restrictions, and non-solicitation provisions, all drafted in compliance with Hong Kong employment law and considering the reasonable scope of restrictions that Hong Kong courts will enforce. It serves as a crucial tool for businesses to safeguard their proprietary information, customer relationships, and workforce stability while maintaining fair and enforceable terms under Hong Kong jurisdiction.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























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Relevant Industries

Financial Services

Technology

Professional Services

Manufacturing

Healthcare

Retail

Telecommunications

Education

Consulting

Legal Services

Real Estate

Insurance

Banking

Pharmaceuticals

Information Technology

Relevant Teams

Human Resources

Legal

Sales

Business Development

Research & Development

Information Technology

Operations

Finance

Executive Management

Product Development

Customer Service

Marketing

Engineering

Strategy

Consulting

Relevant Roles

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

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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