RESTRAINT OF TRADE DEED
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At a Glance
An Employee Restraint of Trade Deed is a legal document used to formalise restrictions on an employee’s actions both during and after their employment to protect the employer’s business interests. This deed typically includes non-compete, non-solicitation, non-recruitment, and confidentiality clauses. The deed is often used when specific restrictions need to be highlighted and given legal weight, usually separate from or in addition to the standard employment contract.
Restraints in a legal context restrict a person doing something for a certain time in a certain
territory. They are most commonly seen in the context of a sale of business or employment
situations. Restraints of trade have been interpreted by the courts restrictively.
INCLUDES
Employee restraint of trade deed. To be used when hiring an employee. Includes provisions dealing with:
Definitions
Interpretation
Non-Enticement
Non-Solicitation
Conflict Of Interest
Counterparts
Further assurance
Governing law and jurisdiction
Notices
Service of notices
Severability
Survival & merger
Variation
Waiver
Intended to be used in an employment context, to protect the goodwill and trade secrets of the employer.
5 pages long.
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