Published on:
20 May 2024
1
min read
https://www.straitstimes.com/opinion/non-compete-clauses-room-for-improvement-but-not-inherently-evil
On entrenched employees, exasperated employers, and restricting re-employment: part 6 (extra bonus!).
So I thought I was REALLY done with this series¹ on non-compete clauses.
But then I was invited to contribute an op-ed to the The Straits Times - right in time for Labour Day.
And I thought it would be a good opportunity to:
1️⃣ approach the issue from a more nuanced angle: while the prevailing narrative appears to be “non-competes evil grr”, I saw value in exploring how employers can utilise non-competes in a way that strikes a better balance between employers and employees’ interests;
2️⃣ share a more balanced view, as a conflicts-free disputes lawyer who regularly acts for both employers and employees² (and who is therefore less interested in taking, by default, the side of either big corporations or the person on the street)³; and
3️⃣ author a different kind of piece.⁴
Many thanks to Suling Lin, Audrey Quek, Mubin Saadat, Rahul Pathak, and Linda Collins for the hard work behind the scenes, and to Ju Er Wong for the incisive comments. All errors remain mine, and if you disagree with the views expressed, come at me bro.⁵
Disclaimer:
The content of this article is intended for informational and educational purposes only and does not constitute legal advice.
Links to article:
https://www.straitstimes.com/opinion/non-compete-clauses-room-for-improvement-but-not-inherently-evil (🔒, but available on the National Library Board app - shoutout to Danny Quah (FInsol, FSIArb, SaD) for pointing this out!)
https://www.singaporelawwatch.sg/Headlines/non-compete-clauses-room-for-improvement-but-not-inherently-evil-opinion
¹ Part 1: https://www.linkedin.com/posts/khelvin-xu_employmentlaw-noncompetes-notlegaladvice-activity-7165552100997812224-YSkj/.
Part 2: https://www.linkedin.com/posts/khelvin-xu_employmentlaw-noncompetes-notlegaladvice-activity-7168097936487145474-Xuw3/.
Part 3: https://www.linkedin.com/posts/khelvin-xu_employmentlaw-noncompetes-notlegaladvice-activity-7173165829096660992-HB0k/.
Part 4: https://www.linkedin.com/posts/khelvin-xu_employmentlaw-noncompetes-notlegaladvice-activity-7178966367126134784-EtsH/.
Part 5: https://www.linkedin.com/posts/khelvin-xu_employmentlaw-noncompetes-notlegaladvice-activity-7181872220091072513-QH7U/.
² And, dear reader, if you'll forgive the shameless plug - I'd like to think that this puts me in a somewhat better position to enforce, resist, or even just comment on non-competes, since this means a better understanding of the arguments from both sides.
³ Unless, of course, I've been instructed to act for either of them.
⁴ Compared to, for example, my usual irreverent musings on LinkedIn.
⁵ Please don't actually do this. I have a family. Just leave a comment if you're sufficiently bothered.