Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore. Ensures the non-disparagement agreement doesn't conflict with basic employment rights and provides framework for enforcement.
Defamation Act (Chapter 75): Defines legal framework for defamation in Singapore, including what constitutes defamatory statements and available legal remedies in case of breach.
Personal Data Protection Act (PDPA): Governs the collection, use, and disclosure of personal data. Ensures the agreement complies with data protection requirements when handling personal information.
Contract Law (Common Law): Provides foundational principles for contract formation, including consideration, reasonableness, and enforceability requirements under Singapore's common law system.
Constitution of Singapore (Article 14): Fundamental law protecting freedom of speech, requiring the agreement to balance restrictive provisions against constitutional rights.
Reasonableness Requirement: Legal principle requiring restrictions in the agreement to be reasonable in scope and duration, not overly broad or restrictive.
Mutual Benefits Consideration: Legal requirement for valid consideration, suggesting inclusion of mutual non-disparagement obligations between parties.
Clarity of Terms Requirement: Legal necessity for clear definition of disparagement and specific examples of prohibited behavior to ensure enforceability.
Exception Clauses: Required provisions for legitimate exceptions such as court testimony, regulatory investigations, and whistleblower protections.
Enforcement Mechanisms: Legal framework for consequences of breach and remedies, which must be proportionate and enforceable under Singapore law.
Duration Parameters: Legal considerations for reasonable time limits and post-employment application of the agreement.
