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Current Non Compete Agreement
"I need a Current Non-Compete Agreement under German law for our new Chief Technology Officer who will be joining in March 2025, with specific focus on protecting our AI technology patents and preventing work with our main competitors in the DACH region."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship and reason for the non-compete agreement
3. Definitions: Key terms used in the agreement, including 'Competitive Activity', 'Restricted Territory', and 'Confidential Information'
4. Scope of Non-Compete: Detailed description of prohibited competitive activities, aligned with §74a HGB requirements
5. Duration: Time period of the restriction (maximum 2 years under German law)
6. Geographic Scope: Definition of the territorial scope of the restriction
7. Compensation: Details of the mandatory compensation (minimum 50% of previous total remuneration)
8. Payment Terms: Specifics of how and when the compensation will be paid
9. Reduction of Compensation: Conditions for reduction of compensation due to other earnings as per §74c HGB
10. Contractual Penalty: Consequences of breach, including any predetermined penalties
11. Notifications: Requirements for employee to inform about new employment during restriction period
12. Governing Law: Confirmation of German law application and jurisdiction
13. Severability: Provisions for maintaining validity if parts are found unenforceable
1. Garden Leave: Provisions for any garden leave period and its interaction with the non-compete period - used when garden leave is part of the employment termination
2. Customer Non-Solicitation: Additional restrictions on customer contact - used for customer-facing roles
3. Employee Non-Solicitation: Restrictions on soliciting other employees - used for management positions
4. Intellectual Property: Additional provisions relating to IP protection - used for technical or creative roles
5. International Scope: Additional provisions for cross-border application - used when business operates internationally
6. Early Termination Rights: Conditions under which either party can terminate the non-compete obligation - used for more flexible arrangements
1. Schedule 1 - Compensation Calculation: Detailed breakdown of the compensation calculation including base salary, bonuses, and benefits
2. Schedule 2 - Restricted Territory: Detailed list or map of geographical areas covered by the restriction
3. Schedule 3 - Competitive Businesses: List of specific competitors or types of businesses considered competitive
4. Appendix A - Notification Form: Template for employee's mandatory notifications about new employment
5. Appendix B - Confidential Information: Detailed list of types of confidential information covered by the agreement
Authors
Affiliated Company
Business Day
Compensation
Competitive Activity
Competitive Business
Confidential Information
Customer
Effective Date
Employment Agreement
Garden Leave
Group
Intellectual Property Rights
Key Customer
Material Interest
Notice Period
Previous Total Remuneration
Restricted Period
Restricted Territory
Restraint Period
Services
Termination Date
Trade Secrets
Working Relationship
Duration
Scope of Restriction
Geographic Limitation
Compensation
Payment Terms
Competitive Activities
Customer Non-Solicitation
Employee Non-Solicitation
Confidentiality
Garden Leave
Notice Requirements
Reporting Obligations
Reduction of Compensation
Set-Off Rights
Contractual Penalties
Early Termination
Waiver
Severability
Governing Law
Jurisdiction
Entire Agreement
Amendments
Post-Termination Obligations
Legal Costs
Technology
Financial Services
Manufacturing
Professional Services
Healthcare
Pharmaceuticals
Telecommunications
Software Development
Consulting
Research and Development
Retail
E-commerce
Industrial Engineering
Biotechnology
Media and Entertainment
Executive Leadership
Sales
Research & Development
Product Development
Customer Success
Technology
Business Development
Consulting
Account Management
Engineering
Design
Finance
Strategy
Operations
Information Technology
Chief Executive Officer
Chief Technology Officer
Sales Director
Senior Software Engineer
Product Manager
Research Scientist
Business Development Manager
Senior Consultant
Account Executive
Technical Lead
Regional Manager
Chief Financial Officer
Head of Research
Senior Designer
Solutions Architect
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