Employee NDA and Non-Compete Format
Protect confidential information and intellectual property created by employees, and download an editable Word file.
What it is
An employee NDA sets out what information the employee must keep confidential during and after employment, assigns work-related intellectual property to the employer, and may restrict soliciting customers or colleagues for a period after exit.
When it is used
- At joining, alongside the appointment letter.
- When an employee moves into a role with access to sensitive data.
- For consultants or interns with access to confidential material.
What the template covers
- Definition of confidential information
- Obligations and duration of confidentiality after exit
- Non-solicitation of customers and employees
- Non-compete during employment
- Assignment of intellectual property
- Remedies and jurisdiction
Details you will need
The generator asks for the following. Fields marked with an asterisk in the form are required; the rest can be left blank and filled in later in Word.
Agreement Details
Agreement Date; Place of Execution
Company
Company Name; Company Address; Authorised Rep & Title
Employee
Employee Name; S/o, D/o or W/o; Employee Address; Designation
Restrictions
Confidentiality Period after Exit (years); Non-Solicitation Period (months); Non-Compete Period (months); Jurisdiction
Stamp duty, registration and filing
Under Section 27 of the Indian Contract Act, 1872, an agreement in restraint of trade is void, and courts have generally refused to enforce non-compete restrictions that apply after employment ends. Restrictions during employment, and confidentiality obligations, are generally enforceable. The agreement is usually executed on stamp paper as per the State's Stamp Act.
Generate the Employee NDA & Non-Compete
Fill in the form and download the draft as a Word file. It is a general template, not legal or professional advice; have it reviewed for your facts before you sign or rely on it.
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Frequently asked questions
Is a non-compete clause enforceable in India?
A non-compete that applies during employment is generally enforceable. A restriction after employment ends is generally treated as void under Section 27 of the Indian Contract Act, 1872, though confidentiality obligations continue to apply.
How long can confidentiality last after an employee leaves?
The employer can require confidentiality for a reasonable period after exit, and trade secrets for as long as they remain confidential. The template lets you set the number of years.
Who owns work created by an employee?
Under the Copyright Act, 1957, the employer is generally the first owner of copyright in work made in the course of employment, unless agreed otherwise. The agreement also assigns other work-related IP to the employer.
This page gives general information for reference only. Laws, stamp duty rates and filing requirements change and differ between States, so confirm the current position for your case. Related: all document templates · free tax calculators · compliance calendar and guides.