Non Compete Form Template for Indonesia

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Key Requirements PROMPT example:

Non Compete Form

"I need a Non Compete Form for our Jakarta-based technology company, specifically tailored for senior software developers with access to our proprietary AI algorithms, effective from March 2025, with a focus on preventing competition within Southeast Asia for 24 months after employment termination."

Document background
The Non-Compete Form is a crucial document used in Indonesian business contexts to protect companies from unfair competition by former employees. This agreement is typically implemented when employees have access to sensitive information, valuable client relationships, or trade secrets that could potentially harm the business if used by competitors. The document must be carefully drafted to comply with Indonesian labor laws and competition regulations, ensuring that restrictions are reasonable in terms of duration, geographic scope, and business activities. The Non-Compete Form includes specific provisions about prohibited activities, compensation, and enforcement mechanisms, while maintaining a balance between protecting legitimate business interests and preserving employee rights to work. It's particularly relevant in industries where intellectual property and competitive advantage are critical to business success.
Suggested Sections

1. Parties: Identification of the employer and employee/former employee, including complete legal names and addresses

2. Background: Context of the agreement, including the employment relationship and reason for the non-compete provisions

3. Definitions: Clear definitions of key terms used in the agreement, including 'Competitive Business', 'Confidential Information', 'Territory', etc.

4. Scope of Non-Compete: Detailed description of prohibited competitive activities, including specific industry sectors and roles

5. Duration: Time period for which the non-compete obligations will remain in effect

6. Geographic Scope: Clear definition of the territorial boundaries where the non-compete restrictions apply

7. Consideration: Description of the compensation or benefits provided in exchange for the non-compete obligations

8. Confidentiality Obligations: Provisions regarding the protection of confidential information and trade secrets

9. Acknowledgments: Employee's acknowledgment of the reasonableness of restrictions and receipt of consideration

10. Remedies: Description of available remedies in case of breach, including injunctive relief and damages

11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

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

Optional Sections

1. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers - include when broader protection is needed

2. Return of Property: Requirements for returning company property and documents - relevant for immediate post-employment situations

3. Garden Leave: Provisions for paid leave during notice period - include when immediate competition risk exists

4. Monitoring and Reporting: Requirements for the employee to report new employment - include for high-risk positions

5. Independent Legal Advice: Acknowledgment of receiving independent legal advice - include for senior positions or complex restrictions

6. Survival: Provisions specifying which clauses survive termination - include when multiple agreements exist

Suggested Schedules

1. Schedule A - Restricted Activities: Detailed list of specific activities, businesses, and roles that are restricted

2. Schedule B - Territory Map: Visual representation and/or detailed description of the geographic territory covered

3. Schedule C - Compensation Details: Detailed breakdown of any consideration or compensation provided for the non-compete obligations

4. Appendix 1 - Competitor List: List of specific competitors or competing businesses covered by the agreement

5. Appendix 2 - Confidential Information: Detailed categorization of confidential information and trade secrets covered

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 Industries

Technology

Manufacturing

Financial Services

Professional Services

Healthcare

Pharmaceuticals

Telecommunications

Consumer Goods

Energy

Research and Development

Retail

Consulting

Relevant Teams

Legal

Executive Leadership

Research & Development

Sales

Product Development

Information Technology

Business Development

Operations

Human Resources

Engineering

Client Services

Strategy

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Manager

Sales Director

Research Scientist

Product Developer

Business Development Manager

Software Engineer

Account Executive

Technical Lead

Department Head

Regional Manager

Senior Consultant

Product Manager

Operations Director

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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