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Employee Non Disparagement Agreement

Employee Non Disparagement Agreement for Singapore

Employee Non Disparagement Agreement Template for Singapore

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What is a Employee Non Disparagement Agreement?

The Employee Non Disparagement Agreement is a crucial document in Singapore's employment landscape, particularly important in today's digital age where statements can rapidly spread and impact business reputation. This agreement is typically implemented when an organization needs to protect its reputation, intellectual property, and business relationships from potential negative statements by employees. It outlines specific obligations under Singapore law, including what constitutes disparagement, permitted exceptions, and consequences of breach. The document is especially relevant during sensitive periods such as organizational restructuring, senior-level departures, or in industries where reputation management is critical.

What sections should be included in a Employee Non Disparagement Agreement?

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: Explains context and purpose of the non-disparagement agreement

3. Definitions: Defines key terms including what constitutes disparagement

4. Non-Disparagement Obligations: Core obligations and prohibited conduct

5. Duration: Timeframe for which obligations remain in effect

6. Breach and Remedies: Consequences of violation and available remedies

7. Governing Law: Specifies Singapore law as governing law

What sections are optional to include in a Employee Non Disparagement Agreement?

1. Mutual Obligations: Reciprocal non-disparagement obligations for employer, used when both parties agree to mutual restrictions

2. Social Media Provisions: Specific provisions regarding social media conduct, used when social media presence is a significant concern

3. Confidentiality: Additional confidentiality obligations, used when combining with confidentiality requirements

4. Severability: Provisions for partial enforcement if sections are invalid, used when agreement is complex or high-risk

What schedules should be included in a Employee Non Disparagement Agreement?

1. Schedule 1 - Defined Prohibited Conduct: Specific examples of prohibited disparaging statements or actions

2. Schedule 2 - Permitted Exceptions: List of circumstances where statements are permitted (legal proceedings, regulatory requirements)

3. Schedule 3 - Social Media Platforms: List of specific social media platforms covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ΊμΠΣΦ±²₯ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



















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Industries

Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore. Ensures the non-disparagement agreement doesn't conflict with basic employment rights and provides framework for enforcement.

Defamation Act (Chapter 75): Defines legal framework for defamation in Singapore, including what constitutes defamatory statements and available legal remedies in case of breach.

Personal Data Protection Act (PDPA): Governs the collection, use, and disclosure of personal data. Ensures the agreement complies with data protection requirements when handling personal information.

Contract Law (Common Law): Provides foundational principles for contract formation, including consideration, reasonableness, and enforceability requirements under Singapore's common law system.

Constitution of Singapore (Article 14): Fundamental law protecting freedom of speech, requiring the agreement to balance restrictive provisions against constitutional rights.

Reasonableness Requirement: Legal principle requiring restrictions in the agreement to be reasonable in scope and duration, not overly broad or restrictive.

Mutual Benefits Consideration: Legal requirement for valid consideration, suggesting inclusion of mutual non-disparagement obligations between parties.

Clarity of Terms Requirement: Legal necessity for clear definition of disparagement and specific examples of prohibited behavior to ensure enforceability.

Exception Clauses: Required provisions for legitimate exceptions such as court testimony, regulatory investigations, and whistleblower protections.

Enforcement Mechanisms: Legal framework for consequences of breach and remedies, which must be proportionate and enforceable under Singapore law.

Duration Parameters: Legal considerations for reasonable time limits and post-employment application of the agreement.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, Β Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, Β Severance Pay, Governing Law, Entire Agreemen

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