The Employee Non-Compete Agreement is a crucial document for businesses operating in India who need to protect their legitimate business interests, confidential information, and competitive advantage. This agreement is particularly important in sectors with high employee mobility and access to sensitive information. However, it must be carefully drafted considering Indian legal framework, as courts generally do not enforce post-employment non-compete restrictions under Section 27 of the Indian Contract Act, 1872. The agreement typically focuses on during-employment restrictions, confidentiality obligations, and non-solicitation provisions. It's commonly used when onboarding senior employees, technical specialists, or those with access to trade secrets and strategic information. The document should balance the employer's need to protect business interests with the employee's constitutional right to livelihood.

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

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

3. Definitions: Key terms including 'Confidential Information', 'Competing Business', 'Territory', 'Restricted Period', and 'Business Activities'

4. Scope of Employment: Description of employee's role, responsibilities, and access to confidential information

5. Non-Compete Obligations: Specific restrictions during employment, including not engaging in competing businesses

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

7. Confidentiality Obligations: Protection of trade secrets and confidential information

8. Duration and Territory: Time period and geographical scope of restrictions

9. Consideration: The consideration provided in exchange for these restrictions

10. Acknowledgments: Employee's acknowledgment of reasonableness of restrictions

11. Return of Property: Obligation to return company property upon termination

12. Remedies: Available remedies in case of breach, including injunctive relief

13. Governing Law: Specification of Indian law as governing law and jurisdiction

14. Severability: Provision for severability of unenforceable terms

15. Entire Agreement: Integration clause stating this is the complete agreement between parties