The Non-Compete, Non-Solicitation and Non-Disclosure Agreement is essential for businesses operating in Indonesia seeking to protect their legitimate interests, intellectual property, and business relationships. This agreement is typically used when onboarding new employees, particularly those in senior positions, or when engaging contractors who will have access to sensitive information or key business relationships. The document must carefully balance the employer's need to protect business interests with Indonesian constitutional rights regarding freedom of work and Law No. 13 of 2003 on Manpower. It should include clearly defined temporal and geographical restrictions, specific descriptions of prohibited activities, and detailed provisions regarding the protection of confidential information, all while ensuring enforceability under Indonesian law.
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1. Parties: Identifies and defines the parties entering into the agreement, including their legal names, addresses, and company registration details
2. Background: Sets out the context of the agreement, relationship between the parties, and purpose of the restrictions
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competitive Business', 'Restricted Period', 'Territory', etc.
4. Confidentiality Obligations: Details the obligations regarding non-disclosure of confidential information, including scope, duration, and permitted uses
5. Non-Competition Covenant: Specifies the restrictions on competing activities, including scope, duration, and geographical limitations
6. Non-Solicitation Provisions: Outlines restrictions on soliciting employees, customers, or suppliers, including scope and duration
7. Duration and Territory: Specifies the time period and geographical area where restrictions apply
8. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination or request
9. Acknowledgments: Party's acknowledgment of the reasonableness of restrictions and receipt of consideration
10. Remedies: Specifies available remedies for breach, including injunctive relief and damages
11. General Provisions: Standard clauses including governing law, severability, modification, and entire agreement
1. Technology Protection: Additional provisions specifically protecting technical information, source code, or specialized industry knowledge
2. Independent Contractor Relationship: Used when the agreement is with contractors rather than employees
3. Garden Leave: Provisions for paid leave during notice period to protect business interests
4. Training and Development Protection: Provisions protecting company investment in employee training and development
5. Social Media and Digital Assets: Specific provisions regarding social media accounts, online presence, and digital assets
6. Exit Interview Requirements: Procedures for conducting exit interviews and confirming compliance
7. Survival Clause: Specifying which provisions survive termination of employment or main agreement
1. Schedule A - Confidential Information: Detailed list and categories of confidential information covered by the agreement
2. Schedule B - Restricted Territory: Detailed description or map of geographical areas where restrictions apply
3. Schedule C - Competitive Business: List of specific competitors or types of competing businesses
4. Schedule D - Customer List: List of customers subject to non-solicitation provisions
5. Schedule E - Key Employees: List of key employees subject to non-solicitation provisions
6. Appendix 1 - Consideration: Details of consideration provided in exchange for the restrictions
7. Appendix 2 - Acknowledgment Form: Form for periodic acknowledgment of compliance with agreement terms
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Manufacturing
Professional Services
Healthcare
Telecommunications
Retail
E-commerce
Research and Development
Pharmaceuticals
Energy
Mining
Consumer Goods
Media and Entertainment
Education and Training
Relevant Teams
Legal
Human Resources
Executive Leadership
Sales
Research and Development
Information Technology
Product Development
Business Development
Operations
Finance
Marketing
Engineering
Data Analytics
Customer Success
Strategy
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Sales Director
Business Development Manager
Research Scientist
Software Engineer
Product Manager
Senior Consultant
Technical Lead
Account Manager
Human Resources Director
Operations Manager
Financial Controller
Marketing Director
Systems Architect
Data Scientist
Regional Manager
Business Analyst
Project Manager
Strategy Consultant
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