The war for talent remains high ​on global employers’ agendas. ​In a post-pandemic world, the workforce is more mobile than ever. Hiring and retaining staff is challenging: those who have secured key talent need to keep them engaged and committed, while those who haven’t are actively looking to competitors. 

There are many ways to protect your workforce and business. Restrictive covenants – particularly non-compete provisions– are still widely used by global employers, but they bring their own challenges. In many jurisdictions, they are subject to strict requirements that can be difficult to comply with. More recently, competition authorities in the US, UK and even Europe have shown renewed interest in restrictive covenants, including non-poaching and non-compete agreements.​

Employers wanting to use such restrictive covenants need to be mindful of the ​different approaches taken by legislators and courts across the globe and to understand how best to structure protection in each jurisdiction in which they operate.​

This guide considers these issues across a number of European, Asian, and US jurisdictions and offers guidance ​on protecting your workforce using restrictive covenants, with a particular focus on non-compete ​provisions.