Non Compete Agreement Severance Package Template for Hong Kong

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Key Requirements PROMPT example:

Non Compete Agreement Severance Package

I need a Non-Compete Agreement Severance Package for our departing Chief Technology Officer in Hong Kong, who will be leaving on March 1, 2025, with specific restrictions on working for fintech competitors in Asia Pacific and a structured payment plan over 12 months.

Document background
The Non Compete Agreement Severance Package is essential for protecting business interests when key employees depart from an organization in Hong Kong. This document is typically used during senior-level employee departures or when employees with access to sensitive information or significant client relationships leave the organization. It serves a dual purpose: protecting the company's legitimate business interests through enforceable restrictions while providing fair compensation to the departing employee. The agreement must be carefully structured to comply with Hong Kong employment law, which requires such restrictions to be reasonable in scope, duration, and geographical coverage. The document addresses key aspects including restricted activities, territorial limits, confidentiality obligations, and detailed severance payment terms, all while ensuring alignment with Hong Kong legal requirements and market practice.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the agreement, including employment history and reason for separation

3. Definitions: Key terms used throughout the agreement, including 'Restricted Business', 'Territory', 'Confidential Information', etc.

4. Severance Package: Details of the severance payment, including amount, payment schedule, and any conditions

5. Non-Compete Obligations: Specific restrictions on competitive activities, including duration and geographical scope

6. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers

7. Confidentiality: Ongoing obligations regarding confidential information and trade secrets

8. Acknowledgments: Employee's confirmation of the reasonableness of restrictions and receipt of consideration

9. Tax Implications: Statement on tax treatment of payments and responsibilities

10. Governing Law: Specification of Hong Kong law as governing law and jurisdiction

11. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Garden Leave: Terms of any garden leave period, used when immediate separation is not required

2. Return of Property: Provisions for returning company property, included if employee has significant company assets

3. Cooperation: Terms requiring employee cooperation in transition or future legal matters, used for senior positions

4. Benefits Continuation: Details of any continued benefits post-employment, included if offering extended benefits

5. Share Options/Equity: Treatment of outstanding share options or equity, needed if employee has equity compensation

6. References: Terms regarding future employment references, included if agreed as part of the package

7. Legal Fees: Provisions for payment of legal fees, included if employer is covering employee's legal costs

Suggested Schedules

1. Schedule 1 - Severance Calculation: Detailed breakdown of severance package calculation including basic severance, ex-gratia payments, and other components

2. Schedule 2 - Restricted Territory: Detailed description and/or maps of geographical areas covered by non-compete restrictions

3. Schedule 3 - Restricted Clients: List of specific clients covered by non-solicitation provisions, if applicable

4. Schedule 4 - Payment Schedule: Detailed timeline of severance payments and any conditions attached to each payment

5. Appendix A - Confidential Information: Detailed list of types of confidential information covered by the agreement

6. Appendix B - Company Property: Inventory of company property to be returned, if applicable

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
Clauses
Relevant Industries

Financial Services

Technology

Professional Services

Manufacturing

Retail

Healthcare

Telecommunications

Real Estate

Insurance

Consulting

Pharmaceuticals

Banking

Relevant Teams

Human Resources

Legal

Executive Management

Sales

Business Development

Research & Development

Product Development

Client Services

Operations

Finance

Information Technology

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Managing Director

Senior Vice President

Director of Sales

Head of Business Development

Senior Manager

Regional Manager

Account Director

Senior Software Engineer

Product Manager

Sales Manager

Research Director

Technical Lead

Senior Consultant

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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