Non-compete, non-solicitation, and confidentiality agreements

FAQ for Non-compete, non-solicitation, and confidentiality agreements

What is a non-compete agreement?

A non-compete agreement is a legally binding contract between an employer and employee that restricts the employee from working for a competing company for a specified period of time after leaving their current job.

Are non-compete agreements enforceable in South Africa?

Yes, non-compete agreements are enforceable in South Africa if they meet certain requirements, such as being reasonable in scope, duration, and geographical area.

What is a non-solicitation agreement?

A non-solicitation agreement is a legally binding contract between an employer and employee that restricts the employee from soliciting the employer's clients or customers after leaving their current job.

Are non-solicitation agreements enforceable in South Africa?

Yes, non-solicitation agreements are enforceable in South Africa if they meet certain requirements, such as being reasonable in scope, duration, and geographical area.

What is a confidentiality agreement?

A confidentiality agreement, also known as a non-disclosure agreement, is a legally binding contract between parties that restricts the disclosure of confidential information.

Are confidentiality agreements enforceable in South Africa?

Yes, confidentiality agreements are enforceable in South Africa if they meet certain requirements, such as being reasonable in scope and duration, and not being contrary to public policy.

Can an employer require an employee to sign a non-compete, non-solicitation, or confidentiality agreement?

Yes, an employer can require an employee to sign a non-compete, non-solicitation, or confidentiality agreement as a condition of employment or as part of a separation agreement.

What happens if an employee violates a non-compete, non-solicitation, or confidentiality agreement?

If an employee violates a non-compete, non-solicitation, or confidentiality agreement, the employer can seek legal action and may be entitled to damages or injunctive relief.

Labour lawyers in South Africa primarily deal with laws and regulations related to employment and labor rights. They handle cases involving issues such as unfair dismissals, discrimination, workplace safety, wages, collective bargaining, and industrial disputes. The main legislation that governs labor relations in South Africa is the Labour Relations Act of 1995, which establishes the rights and obligations of employers, employees, and trade unions. Another significant law is the Basic Conditions of Employment Act, which sets out the minimum standards for employment conditions. Additionally, the Employment Equity Act promotes equality and prohibits unfair discrimination in the workplace. The Commission for Conciliation, Mediation, and Arbitration (CCMA) is a key body responsible for resolving labor disputes. For more information on South African labor laws and relevant governing bodies, you can visit the following links:

1. Labour Relations Act: https://www.acts.co.za/labour-relations-act-1995
2. Basic Conditions of Employment Act: https://www.acts.co.za/basic-conditions-of-employment-act-1997
3. Employment Equity Act: https://www.acts.co.za/employment-equity-act-1998
4. Commission for Conciliation, Mediation, and Arbitration (CCMA): http://www.ccma.org.za/