The Employee Non-Compete Agreement is a critical document used in South African employment relationships where employees have access to sensitive business information, key client relationships, or specialized knowledge that could potentially harm the employer's business interests if used in competition. This agreement must carefully balance the employer's need to protect legitimate business interests with the employee's constitutional right to trade and work freely. It typically includes specific provisions about geographical limitations, time periods, and restricted activities, all of which must be reasonable and justifiable under South African law. The document is particularly relevant in today's competitive business environment where employee mobility and protection of proprietary information are key concerns. The agreement must comply with South African labor legislation, including the Labour Relations Act and relevant case law precedents.

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

2. Background: Context of the agreement, including the employee's role and access to confidential information

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

4. Duration of Restraint: Specific period for which the non-compete obligations will apply post-employment

5. Geographical Area: Clear definition of the geographical boundaries where the restraint applies

6. Restricted Activities: Detailed description of prohibited competitive activities

7. Protection of Confidential Information: Obligations regarding non-disclosure and protection of company confidential information

8. Legitimate Business Interests: Description of the business interests being protected by the restraint

9. Consideration: Benefits or compensation provided to the employee in exchange for the restraint

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

11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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