Non Compete And Independent Contractor Agreement Template for Singapore

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Key Requirements PROMPT example:

Non Compete And Independent Contractor Agreement

"I need a Non Compete And Independent Contractor Agreement for a software developer who will be working on our core banking platform from March 2025, with strict non-compete provisions covering Singapore and Malaysia for 12 months post-termination."

Document background
The Non Compete And Independent Contractor Agreement is essential for businesses in Singapore engaging external service providers while protecting their competitive interests. This document is particularly relevant when engaging skilled professionals who will have access to sensitive business information or strategic knowledge. It combines the establishment of a clear independent contractor relationship with protective non-compete provisions, ensuring compliance with Singapore's employment, contract, and competition laws. The agreement is designed to protect legitimate business interests while maintaining reasonable restrictions that are enforceable under Singapore law.
Suggested Sections

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used tHRoughout the agreement

4. Scope of Services: Detailed description of services to be provided

5. Independent Contractor Status: Clear statement of relationship and distinction from employment

6. Non-Compete Provisions: Restrictions on competitive activities

7. Compensation: Payment terms and schedule

8. Term and Termination: Duration and termination provisions

9. Confidentiality: Protection of confidential information

10. Governing Law: Application of Singapore law

Optional Sections

1. Insurance Requirements: Contractor's insurance obligations when services involve significant risk or liability

2. Equipment and Resources: Provision of tools and resources when specific equipment or resources are required

3. Performance Metrics: Specific performance standards when measurable outcomes are critical

4. Training Requirements: Required training or certifications when specific qualifications are needed

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of services and deliverables

2. Schedule B - Compensation Structure: Detailed payment terms, rates, and expenses

3. Schedule C - Restricted Activities: Specific activities prohibited under non-compete

4. Schedule D - Confidential Information: List of specific confidential information covered

5. Schedule E - Key Performance Indicators: Specific metrics for performance evaluation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Singapore Contract Law: Common law principles governing contract formation, enforcement, and remedies, including the Contract Law Act 1969 and Unfair Contract Terms Act (UCTA)

Employment Act: Primary legislation governing employment relationships in Singapore, relevant for distinguishing between employee and independent contractor status

Competition Act: Legislation governing competition law and relevant for structuring non-compete provisions to ensure compliance

Tripartite Guidelines: Guidelines on Fair Employment Practices that provide framework for employment relationships and contractor arrangements

Central Provident Fund Act: Legislation governing mandatory social security savings, crucial for proper classification of independent contractors vs employees

Income Tax Act: Tax legislation relevant for determining proper tax treatment of independent contractors versus employees

Restraint of Trade Doctrine: Common law principles governing the enforceability of non-compete clauses, including requirements for reasonable duration, geographical scope, and scope of prohibited activities

Intellectual Property Laws: Suite of laws including Copyright Act, Patents Act, and Trade Marks Act governing the protection and ownership of intellectual property

Personal Data Protection Act 2012: Legislation governing the collection, use, and disclosure of personal data, relevant for handling contractor's personal information

Common Law on Independent Contractors: Case law principles establishing tests and criteria for genuine independent contractor relationships versus disguised employment

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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