Restraint of Trade in Sangapore

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1.0 Introduction

The question was concerning that restraint of trade in Singapore was continuing evolve and the restraint of trade clause in restrictive contract was used by the employer to prevent employee from leaving and joining a competitor.
Nowadays, there are many companies would use restraint of trade clauses in the employment covenants. It used to prevent employee from joining competitors in the future in order to void the competitive with others competitors in same industry. Besides, restraint of trade is normally applied in the sale of business agreement.
The restraint of trade on employment contracts and sale of business agreement are used to protect trade connections and trade secrets. The clauses must be reasonable and not harm the parties in the contracts. However, when the restraint of trade clauses are used to prevent competition or prevent a person from exercising a trade, they will be unenforceable.
The Singapore Court of Appeal held that the clause in restraint of trade was void when former employees set up competing businesses with their former employers. This can be discussed in cases Mano Vikrant Singh (MVS) v Cargill TSF Asia Pte Ltd [2012] and Smile Inc Dental Surgeons Pte Ltd v Lui Andrew Stewart [2012].
The discussion of the topic which concerning the restraint of trade are as the following. This is supported by some cases in the following discussion.

2.0 Meaning of Restraint of Trade in Singapore

Restraint of trade is performing as a restrictive in employment contracts (restrictive covenants). The employer used restraint of trade clauses to make a non-competition with other competitors. However, the court would void if there was found that the restraint of trade clauses was including in the restr...

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...VS) v Cargill TSF Asia Pte Ltd [2012] and Smile Inc Dental Surgeons Pte Ltd v Lui Andrew Stewart [2012] were the recent cases which were the good examples in explaining the invalidity of restraint of trade clauses.
From viewing all these examples, the courts in Singapore are giving more protection to the employees. The court held the better decisions to prevent employers restricted the liberal of the employees. Most of the restraint of trade clauses restricted the liberal of the employees which caused them not dare from leaving the former employment even it is worse for him. Besides, the employees would also not dare from joining the competitors after leaving the former employment. It would be caused the employees lose their living income. In conclusion, the restraint of trade was invalid in Singapore. The clauses would be void if it concerned restraint of trade.

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