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Employee Non Compete Agreement
1. Parties: Identification of the employer and employee, including full legal names, addresses, and registration numbers where applicable
2. Background: Context of the agreement, including the employee's position and reason for the non-compete
3. Definitions: Key terms used in the agreement, particularly defining 'competing business', 'competitive activities', and 'confidential information'
4. Scope of Non-Compete: Detailed description of prohibited activities, industry sectors, and geographical limitations
5. Duration: Time period for which the non-compete obligations will apply (maximum 12 months under Danish law)
6. Compensation: Details of the mandatory compensation (minimum 40-60% of salary) during the non-compete period
7. Payment Terms: Timing and method of compensation payments
8. Employee Obligations: Specific duties of the employee during the non-compete period, including reporting requirements
9. Enforcement: Consequences of breach and enforcement mechanisms
10. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
1. Garden Leave: Include when the employer wants the option to place the employee on paid leave during notice period
2. Non-Solicitation: Include when wanting to prevent the employee from soliciting customers or other employees
3. Reduction/Waiver Rights: Include when employer wants the right to reduce the scope or waive the non-compete
4. Post-Employment Reporting: Include when requiring the employee to report new employment during the restricted period
5. Training Compensation: Include when the employer has provided specialized training that justifies additional restrictions
1. Schedule 1 - Competing Businesses: List of specific companies or business types considered competitors
2. Schedule 2 - Restricted Territory: Detailed description or maps of geographical areas covered by the restriction
3. Schedule 3 - Compensation Calculation: Detailed breakdown of how the compensation is calculated
4. Appendix A - Employee's Current Role and Responsibilities: Detailed description of current position to justify scope of restrictions
Authors
Definitions
Scope of Non-Compete
Duration
Compensation
Payment Terms
Confidentiality
Non-Solicitation
Intellectual Property
Notice Requirements
Garden Leave
Post-Employment Obligations
Reasonableness
Severability
Remedies
Enforcement
Waiver
Amendment
Assignment
Entire Agreement
Governing Law
Jurisdiction
Counterparts
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