An English article on Restrictive Covenants in Employment (Japan) written by Hiroshi Watanabe and Shinobu Yanagita was published in “Practical Law” issued by Thomson Reuters.
Contents
● Governing Law and Regulations
● Where to Include Restrictive Covenants
● Confidential Information
– Trade Secrets and Unfair Competition
– Employer-Defined Confidential Information
● Types of Restrictions
– Non-Competition to Work for Customer
– Non-Solicitation of Other Employees
– Scope of Restrictions
● Validity and Enforceability
– Protection of Legitimate Business Interests
– Restricted Activities
– Restricted Period of Time
– Restricted Geographical Area
– Employee Role and Status
● Validity of Post-Employment Restrictions
● Consideration
● Compensation
● Potential Future Employer
● Termination of Employment
● Execution and Other Legal Formalities
● Other Terms for Restrictive Covenants
– Group Companies
– Subsidiary and Holding Company
– Restrictions and Garden Leave
– Transfer of a Business
– Separate Legal Advice
– Severability
● Remedies for Breach
Restrictive Covenants in Employment (Japan)
