Employment Contract Non Compete Template for India

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Key Requirements PROMPT example:

Employment Contract Non Compete

"I need an Employment Contract Non Compete for a senior software developer position in our Bangalore IT company, starting March 2025, with specific provisions for protecting our AI technology and a 12-month post-employment restriction period."

Document background
This Employment Contract Non Compete is designed for use in the Indian jurisdiction where non-compete provisions require careful drafting due to specific legal constraints under Section 27 of the Indian Contract Act, 1872. The document is typically used when hiring employees who will have access to sensitive business information, trade secrets, or valuable client relationships. It combines standard employment terms with carefully crafted non-compete clauses that are reasonable in scope, duration, and geographic reach to maximize enforceability under Indian law. The agreement is particularly relevant for key employees, technical staff, and management positions where protection of business interests is crucial. While Indian courts generally only enforce non-compete clauses during employment, the agreement includes carefully worded restrictions and confidentiality provisions to provide maximum legitimate protection for employer interests.
Suggested Sections

1. Parties: Details of the employer and employee, including registered addresses and company registration details

2. Background: Context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including definition of confidential information, competitive business, etc.

4. Appointment and Term: Position, designation, employment start date, and term of employment

5. Duties and Responsibilities: Detailed description of the employee's role, reporting structure, and key responsibilities

6. Compensation and Benefits: Salary structure, bonus, statutory benefits, and other compensation details

7. Working Hours and Leave: Standard working hours, leave entitlements, and holiday policy

8. Non-Compete Obligations: Restrictions during and post-employment, geographical limitations, and duration

9. Confidentiality: Protection of company information, trade secrets, and intellectual property

10. Intellectual Property Rights: Ownership of work products and innovations created during employment

11. Termination: Grounds for termination, notice periods, and consequences of termination

12. Post-Termination Obligations: Continuing obligations including non-compete and confidentiality

13. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for disputes

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

Optional Sections

1. Probation Period: Include when the company has a probation policy for new employees

2. Remote Work Provisions: Include for positions allowing work from home or remote working

3. International Travel: Include for positions requiring international travel or assignments

4. Stock Options: Include when employee is eligible for company stock options or share schemes

5. Non-Solicitation: Include specific provisions preventing solicitation of employees/clients

6. Training Commitments: Include when company provides specialized training requiring minimum service period

7. Garden Leave: Include for senior positions where paid leave during notice period may be required

8. Severance Benefits: Include when offering special severance packages beyond statutory requirements

Suggested Schedules

1. Schedule 1 - Job Description: Detailed breakdown of roles, responsibilities, and performance expectations

2. Schedule 2 - Compensation Structure: Detailed breakdown of salary components, benefits, and applicable allowances

3. Schedule 3 - Restricted Companies: List of specific competitors or companies covered under non-compete restrictions

4. Schedule 4 - Company Policies: Reference to applicable company policies and procedures

5. Schedule 5 - Confidential Information: Specific categories of confidential information and trade secrets

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - Benefits Summary: Summary of all applicable benefits and eligibility criteria

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

Information Technology

Pharmaceuticals

Financial Services

Management Consulting

Engineering

Research and Development

Healthcare

Telecommunications

Manufacturing

Professional Services

E-commerce

Biotechnology

Software Development

Digital Media

Banking

Relevant Teams

Human Resources

Legal

Engineering

Sales

Research and Development

Executive Leadership

Product Development

Information Technology

Business Development

Operations

Finance

Marketing

Client Services

Strategy

Data Analytics

Relevant Roles

Software Engineer

Project Manager

Chief Technology Officer

Sales Director

Research Scientist

Product Manager

Business Development Manager

Technical Architect

Financial Analyst

Management Consultant

Department Head

Chief Executive Officer

Vice President

Senior Developer

Account Manager

Operations Manager

Data Scientist

Regional Manager

Technical Lead

Solutions Architect

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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