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Not allowing employee to work after resignation or termination for 1 year

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emzer214@gmail.com


Arresto Menor
Good Day,

I'm not sure if this has been asked before. There is this contract that states that after signing it, and if you resigned or get terminated, you are not allowed to work at the same field for a year.

I was just wondring if this does not cross any right of a person? Or if so, what are the remedies?

And also, are there any law that regulates what should be and not be written in contracts?

Thank you.

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attyLLL


moderator
that is called a non-compete clause, and imo, it is enforceable. however, the other party has to file a case in court to enforce it.


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emzer214@gmail.com


Arresto Menor
Thanx for the quick response.

Got a follow up inquiry.

attyLLL wrote:that is called a non-compete clause, and imo, it is enforceable. however, the other party has to file a case in court to enforce it.

Hmmm, so once the contract is signed, they have the right to sue you and force you not to be able to do work on same field?

Also the contract stated that there is an evaluation for 2 months, it was not stated if the non-compete clause is only for regular employee, probation, or training and evaluation so I assumed it is applied in general. So if in the evaluation the employee fails and is terminated or had cut its ties with the employer due to failing, then the employer may file a case to the employee if they find another employer?

If thats true, then it would be like bargaining 1 year of employment for an employment that could possibly only last for 2 months. Sad

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attyLLL


moderator
again, the court have ruled that to be enforceable. but rare is the company who will exert the cost and effort to do so.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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alexisbantilan


Reclusion Perpetua
The LABOR will decide in favor of laborer. It is unlikely that you will not find work because of that contract. Its only used by company to keep its people inside the organization. Our constitution provide has provided us the right to work to support living and produces more taxes.

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