The NDA For Employee Leaving Company is a crucial document used when an employee terminates their employment relationship with a company in Hong Kong. It serves to protect confidential information, trade secrets, and intellectual property that the employee had access to during their employment. This document is particularly important in Hong Kong's dynamic business environment, where employee mobility is high and protection of business information is crucial. The agreement should be presented to employees during their exit process, typically in conjunction with their exit interview and final settlement of employment matters. It must comply with Hong Kong's common law system and relevant ordinances, including the Employment Ordinance and Personal Data (Privacy) Ordinance. The document typically includes detailed provisions about what constitutes confidential information, obligations for returning company property, and mechanisms for enforcement.
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1. Parties: Identifies the employer company and the departing employee as parties to the agreement
2. Background: States the context of the agreement, including the employee's former position and access to confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Acknowledgment of Confidentiality Obligations: Employee's acknowledgment of existing and continuing confidentiality obligations
5. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
6. Non-Disclosure Obligations: Specific obligations regarding non-disclosure, non-use, and protection of confidential information
7. Return of Company Property: Requirements for returning all company property, documents, and materials
8. Survival of Obligations: Clarification that confidentiality obligations survive employment termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically addressing IP rights when the employee had access to or created IP
2. Non-Solicitation: Restrictions on soliciting company employees or customers, if appropriate under the circumstances
3. Overseas Confidentiality Obligations: Additional provisions for employees who worked across jurisdictions
4. Third Party Information: Specific provisions regarding confidential information belonging to company clients or partners
5. Data Protection Obligations: Specific provisions regarding personal data handling when the employee had access to significant personal data
6. Post-Termination Assistance: Requirements for the employee to assist with knowledge transfer or future inquiries
1. Schedule 1 - Specific Confidential Information: Detailed list of specific confidential information, trade secrets, and proprietary information covered
2. Schedule 2 - Company Property to be Returned: Itemized list of physical and digital company property to be returned
3. Schedule 3 - Acknowledgment Form: Form for the employee to sign confirming return of all company property and documents
4. Appendix A - Exit Interview Checklist: Checklist of confidentiality-related items to be covered in the exit interview
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