Sales Non Compete Agreement for Singapore

Sales Non Compete Agreement Template for Singapore

A Sales Non-Compete Agreement under Singapore law is a legally binding contract that restricts sales professionals from engaging in competitive activities after their employment ends. The agreement is governed by Singapore's legal framework, which requires such restrictions to be reasonable in duration, geographic scope, and scope of activities. It must protect legitimate business interests while balancing the employee's right to earn a living. Singapore courts generally enforce such agreements when they are properly drafted and reasonable in their restrictions.

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What is a Sales Non Compete Agreement?

A Sales Non-Compete Agreement is essential for companies operating in Singapore who wish to protect their customer relationships, confidential information, and market position. This document is typically used when hiring or promoting sales professionals who will have access to sensitive customer information, pricing strategies, or proprietary sales methods. The agreement must comply with Singapore's legal requirements regarding restraint of trade and should be carefully drafted to ensure enforceability while protecting legitimate business interests.

What sections should be included in a Sales Non Compete Agreement?

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

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Non-Compete: Specific restrictions and obligations regarding competitive activities

5. Duration: Time period for which restrictions apply

6. Geographic Area: Territorial scope of restrictions

7. Consideration: Value provided in exchange for non-compete obligations

8. Governing Law: Specification of Singapore law as governing law and jurisdiction

What sections are optional to include in a Sales Non Compete Agreement?

1. Non-Solicitation: Additional restrictions on soliciting customers or employees of the company

2. Confidentiality: Provisions for protection of confidential information and trade secrets

3. Garden Leave: Provisions for paid leave during notice period to protect business interests

4. Training Compensation: Provisions for repayment of training costs and professional development investments

What schedules should be included in a Sales Non Compete Agreement?

1. Schedule 1: Restricted Territory: Detailed list of geographic areas covered by the non-compete restrictions

2. Schedule 2: Restricted Customers: List of specific customers or customer categories covered by restrictions

3. Schedule 3: Restricted Products/Services: Detailed description of products/services covered by the non-compete

4. Schedule 4: Compensation Details: Specifics of consideration and compensation provided for the non-compete obligations

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

Jurisdiction

Singapore

Publisher

Genie AI

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Industries

Contract Law: Fundamental legal framework including Singapore Contract Law (Cap. 53) and common law principles of contract formation, with emphasis on valid consideration requirements

Employment Act: Singapore Employment Act (Cap. 91) and Ministry of Manpower (MOM) guidelines, including Tripartite Guidelines on Fair Employment Practices

Competition Act: Singapore Competition Act (Cap. 50B) and associated guidelines on restraint of trade that govern anti-competitive practices

Doctrine of Restraint of Trade: Legal principle requiring non-compete clauses to be reasonable and necessary to protect legitimate business interests

Geographical and Temporal Limitations: Legal requirements for reasonable geographic scope and time duration restrictions in non-compete agreements

Legitimate Business Interests: Requirement to demonstrate valid business interests being protected through the non-compete agreement

Man Financial v Wong Bark Chuan David: 2008 Singapore case law establishing key principles for non-compete agreements

Smile Inc Dental Surgeons v Lui Andrew Stewart: 2012 Singapore case law providing guidance on enforcement of non-compete clauses

CCL v Byrne Roger Peter: 2013 Singapore case law further defining the scope and limitations of non-compete agreements

Enforceability Requirements: Specific conditions including clear terms, adequate consideration, and compliance with public policy for agreement validity

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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