Post-employment restraints often cover non-competition with the
former employer, non-solicitation of the former employer's
employees, and non-solicitation of the former employer's
clients, customers and vendors. This month, we consider the
enforceability of such clauses across the region.
| Questions |
Singapore |
Hong Kong |
PRC |
Thailand |
Indonesia |
| Are post-employment restraints enforceable? |
Post-employment restraints are prima
facie unenforceable unless they are intended to protect a
legitimate proprietary interest and are reasonable both in the
interests of the parties and in the interests of the public.
Recognised legitimate proprietary interests include trade
secrets, confidential information, trade or business connections
and the maintenance of a stable, trained workforce. |
