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Severance Pay Non Compete Agreement
"I need a Severance Pay Non Compete Agreement for our departing Chief Technology Officer, who will leave on March 1, 2025, with a two-year non-compete period covering the German software development industry and a monthly compensation of 60% of their current salary of €180,000 per year."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, including reference to the termination of employment and basis for the non-compete arrangement
3. Definitions: Key terms used in the agreement, including 'Competitive Activity', 'Restricted Territory', 'Confidential Information', and 'Severance Payment'
4. Term and Scope of Non-Compete: Duration of the non-compete obligation (maximum 2 years under German law) and geographical scope of restrictions
5. Prohibited Activities: Detailed description of activities the employee is prohibited from engaging in
6. Severance Payment Terms: Amount, calculation method, and payment schedule of the severance pay (minimum 50% of last remuneration under German law)
7. Tax Treatment: Provisions regarding the tax handling of severance payments in accordance with German tax law
8. Notification Requirements: Employee's obligations to inform the employer about new employment or business activities
9. Breach and Remedies: Consequences of violating the agreement and available legal remedies
10. Governing Law and Jurisdiction: Specification of German law as governing law and competent courts
1. Customer Non-Solicitation: Additional restrictions on approaching former customers, typically included for sales positions or client-facing roles
2. Employee Non-Solicitation: Restrictions on recruiting former colleagues, relevant for management positions
3. Trade Secrets Protection: Additional provisions for employees with access to sensitive technical or business information
4. Garden Leave Provisions: Terms for any period between notice and termination, if applicable
5. Training Cost Repayment: Terms for repayment of training costs, if relevant and legally permissible
6. Works Council Approval: Reference to works council consultation and approval, if required by law
1. Schedule 1: Severance Payment Calculation: Detailed breakdown of severance payment calculation, including base salary, bonuses, and other compensation elements
2. Schedule 2: Restricted Territory: Detailed geographical description or map of areas covered by non-compete restrictions
3. Schedule 3: Competitive Businesses: List of specific competitors or types of businesses considered competitive
4. Schedule 4: Payment Schedule: Detailed timeline and amounts for installment payments of severance
5. Appendix A: Employee's Previous Role and Responsibilities: Description of employee's former position and scope of work to define competitive activities
Authors
Competitive Activity
Competitive Business
Confidential Information
Effective Date
Employee
Employer
Employment Agreement
Garden Leave
Intellectual Property Rights
Last Working Day
Non-Compete Period
Notice Period
Payment Date
Prohibited Activities
Restricted Customers
Restricted Period
Restricted Territory
Severance Payment
Termination Date
Trade Secrets
Waiting Period Compensation (Karenzentschädigung)
Works Council (Betriebsrat)
Competitive Products
Business Relationships
Monthly Compensation
Contractual Territory
Material Interest
Confidentiality Obligations
Group Companies
Definitions
Interpretation
Term and Duration
Non-Compete Obligations
Non-Solicitation
Confidentiality
Severance Payment
Payment Terms
Tax Treatment
Notification Requirements
Return of Property
Breach and Remedies
Liquidated Damages
Enforcement
Severability
Waiver
Amendment
Entire Agreement
Assignment
Third Party Rights
Notices
Data Protection
Works Council Approval
Garden Leave
Governing Law
Jurisdiction
Counterparts
Technology
Financial Services
Manufacturing
Professional Services
Pharmaceuticals
Telecommunications
Automotive
Consumer Goods
Chemical Industry
Consulting
Software Development
Healthcare
Research and Development
Legal
Human Resources
Executive Leadership
Sales
Research & Development
Product Development
Information Technology
Business Development
Operations
Finance
Customer Success
Engineering
Chief Executive Officer
Chief Technology Officer
Sales Director
Senior Software Engineer
Research Scientist
Business Development Manager
Product Manager
Technical Lead
Senior Consultant
Account Executive
Regional Manager
Head of Operations
Chief Financial Officer
Senior Account Manager
Research & Development Director
Technical Architect
Management Consultant
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