What is a non-solicitation agreement?
It is a contract that stops someone, usually a former employee, contractor, or business partner, from approaching a Hong Kong business's employees or clients for their own benefit.
Employment & HR
Non-Solicitation Agreement
Generate a non-solicitation agreement that restricts poaching of staff or clients, drafted to meet the restraint of trade and reasonableness requirements applied by Hong Kong courts.
- Create an employee non-solicitation agreement
Create a non-solicitation agreement between [Employer Name] and [Employee Name] that stops the employee from soliciting company employees or clients after they leave, drafted as a reasonable restraint of trade under Hong Kong law.
- Create a customer non-solicitation agreement
Create a non-solicitation agreement between [Company Name] and [Contractor/Partner Name] that restricts them from approaching [Company Name]'s customers for a set period after the relationship ends.
- Create a partnership non-solicitation agreement
Create a non-solicitation agreement between [Partner A] and [Partner B] that prevents either partner from soliciting the other's staff or clients if the partnership ends.
Non-Solicitation Agreement Generator (Hong Kong)
A non-solicitation agreement stops a former employee, contractor, or business partner from poaching a Hong Kong business's staff or clients for their own benefit. This free Hong Kong non-solicitation agreement generator produces employee, contractor, and partnership versions, drafted so the restriction is reasonable in scope, duration, and geography, which is how Hong Kong courts, following English common law principles, assess whether a restraint of trade clause is enforceable rather than void. It is designed for Hong Kong employers, business owners, and partners who want to protect their workforce and client relationships when a relationship ends. The generator lets you set the length of the restriction, define which staff or clients are covered, and tie the restraint to a legitimate business interest. Use it to reduce the risk of losing key people or clients while keeping the clause within limits a Hong Kong court is likely to uphold.
Frequently asked questions
How is this different from a non-compete agreement?
A non-compete stops someone from joining or starting a competing business. A non-solicitation only stops them from poaching staff or clients, even if they work in an unrelated field.
How long does a non-solicitation restriction usually last in Hong Kong?
Most last between 6 months and 2 years after the relationship ends. Longer periods are harder to justify and enforce.
Is a non-solicitation agreement always enforceable in Hong Kong?
Hong Kong courts apply the common law restraint of trade doctrine and will generally enforce the clause only if it is reasonable in scope, duration and geography, and protects a legitimate business interest.
Can two Hong Kong businesses agree not to poach each other's staff?
Businesses should be cautious. The Competition Commission has indicated that agreements between competing businesses not to hire or solicit each other's employees can amount to anti-competitive conduct under the Competition Ordinance.
Can I combine a non-solicitation clause with a confidentiality agreement?
Yes, many Hong Kong businesses include non-solicitation terms alongside confidentiality obligations in the same employment or contractor agreement.