The non-compete, non-solicitation and confidentiality agreements are common in many jurisdiction; however, they are normally subject to certain special requirements of local laws. For example, in a number of jurisdictions the non-compete terms are enforceable, provided they are binding for a limited period of time following termination of the employment agreement and an employee is properly compensated for such limitations. Non-solicitation clauses prohibit the departing employees to solicit co-workers to leave employment of solicit employees of the current employer. Such arrangements can also be non-enforceable. Therefore it is important that non-compete and non-solicitations are drafted properly and parties avoid frustrating situations by agreeing on and including non-enforceable terms.
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