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What is restraint of trade clause and how does it work in Malaysia? A restraint of trade clause is generally inserted into an employment agreement by the employer to stop an ex-employee from competing or using confidential information, in order to protect their business interests and goodwill.
23 lut 2024 · It is provided by the Halsbury’s Laws of Malaysia on Contract (Volume 4) that: Not every agreement which limits the manner in which a trade or profession is conducted is an agreement in restraint of trade.
17 lut 2021 · Under section 28 of the Contracts Act, the general rule is that every agreement which contains a restraint of trade clause by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is illegal and unenforceable.
Jason Teoh & Partners is a boutique law firm established in 2015 located in Kuala Lumpur, Malaysia. We aim to provide sound, practical, effective, and creative legal solutions tailored to the needs of our local and international clients, both in and out of the courtroom. We focus on international trade, tax and customs, construction ...
28 sty 2021 · With that in mind, what about clauses restraining you from disclosing or divulging confidential information or trade secrets of the company upon the termination of your employment contract then? For example, clauses stating as follows:
24 lut 2022 · As explained in Part 1 of this Article, Section 28 of the Contracts Act 1950 provides that all restraint of trade or non-compete clauses are prima facie void unless they fall within any of the three exceptions provided therein.
12 wrz 2023 · The Malaysian courts place significant emphasis on the strict provisions outlined in Section 28 of the Contracts Act 1950 when evaluating clauses that may impose a restraint of trade following the expiration or termination of an employment contract.
