Executive contracts, non-competes and confidentiality
Introduction
Contracts for senior executives, and the confidentiality and non-compete terms that protect the business when they leave.
Senior executives carry more than a job title. Their contracts deal with incentive plans, bonuses, deferred pay, board roles, authority limits and the company's rights if performance falls short or the relationship ends.
Under the Labour Law, a non-compete is valid only if it is written, lasts no more than two years after the contract ends and is specific as to place and type of work, and only where the role gives access to the employer's clients or business secrets. We draft restrictions the labour courts are likely to enforce, rather than broad clauses that fail when they are needed.
Confidentiality and intellectual property terms matter just as much. Under the new Copyright Law, works an employee creates in the course of the employer's business belong to the employer unless agreed otherwise, but inventions, data and know-how still need clear contractual protection.
How we help
What the work covers
Executive terms
Pay, incentive plans, authority, board roles and termination rights.
Non-competes
Restrictions limited in time, place and type of work, as the law requires.
Confidentiality
Protecting business secrets, client information and data during and after employment.
Ownership of work
Assigning inventions, software and other work that employees create.
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