Non Hire Agreement Template for Germany

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Key Requirements PROMPT example:

Non Hire Agreement

"I need a Non-Hire Agreement between my IT consulting firm and a major software development company, preventing either party from hiring each other's technical staff and senior managers for 18 months starting March 2025, with specific focus on protecting AI and machine learning specialists."

Document background
The Non-Hire Agreement is typically implemented when companies engage in close business collaboration, joint ventures, or service arrangements where there is significant exposure to each other's employees. Under German law, these agreements must be carefully drafted to ensure enforceability while respecting constitutional rights and competition laws. The document specifies which employees are covered, the duration of restrictions, geographical limitations, and permitted exceptions. It's particularly crucial in situations involving knowledge transfer, collaborative projects, or strategic partnerships where companies want to protect their workforce from poaching. The agreement must include reasonable limitations and consider both parties' legitimate business interests while remaining compliant with German legal requirements regarding restraint of trade and employee rights.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names and addresses

2. Background: Context of the agreement, including the business relationship between the parties

3. Definitions: Key terms used in the agreement, including 'Restricted Employees', 'Restricted Period', and 'Group Companies'

4. Non-Hire Obligations: Core provisions prohibiting the hiring or solicitation of employees, with specific scope and limitations

5. Duration and Geographic Scope: Time period and territorial limits of the non-hire restrictions, ensuring compliance with German reasonable limitation requirements

6. Exceptions: Permitted activities and circumstances where the non-hire restrictions do not apply

7. Confidentiality: Obligations regarding the confidential treatment of information exchanged

8. Remedies: Legal remedies available in case of breach, including any liquidated damages provisions

9. General Provisions: Standard clauses including notices, amendments, severability, and governing law

Optional Sections

1. Non-Solicitation Provisions: Additional restrictions on approaching or soliciting employees - used when broader protection is needed

2. Group Company Provisions: Extensions of obligations to affiliated companies - used when parties are part of larger corporate groups

3. Data Protection: GDPR compliance provisions - required when personal data processing is involved

4. Training and Recruitment Cooperation: Provisions for positive collaboration in employee development - used in strategic partnerships

5. Dispute Resolution: Specific procedures for handling disputes - used when parties want to specify mediation or arbitration

6. Reporting Requirements: Obligations to report hiring activities - used when active monitoring is needed

Suggested Schedules

1. Schedule 1 - Restricted Employees: List of specific employees or employee categories covered by the agreement

2. Schedule 2 - Affiliated Companies: List of group companies to which the agreement applies

3. Schedule 3 - Excluded Positions: Positions or roles exempt from the non-hire restrictions

4. Appendix A - Compliance Guidelines: Guidelines for ensuring compliance with the agreement

5. Appendix B - Notification Forms: Standard forms for required notifications under the agreement

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Information Technology

Professional Services

Management Consulting

Financial Services

Engineering

Manufacturing

Healthcare

Biotechnology

Telecommunications

Research and Development

Software Development

Digital Media

Automotive

Relevant Teams

Human Resources

Legal

Executive Leadership

Business Development

Strategy

Operations

Procurement

Corporate Development

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Chief Technology Officer

Project Manager

Business Development Manager

Department Head

Managing Director

Chief Financial Officer

Operations Manager

Procurement Manager

Strategy Director

Senior Partner

General Counsel

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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