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Contract Question

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1 Contract Question on Fri Dec 28, 2012 9:44 am

dhan_louie


Arresto Menor
Hi po to everyone. Bale sa ngayon po ay employed ako under ng consulting company. Sa contract po yung company na ito refers to itself as the "software house." Then I was sent po to their client. Yung client po nila ay gusto pong gawing 2 months na lang yung contract ko instead of 3. Ano po ba ang magandang gawin to make it legal? Kasi po so far oral pa lang po yung pagkaka-inform sa akin. Also, yung client po ng client nila (Software House->Client->*Client) ay gusto po akong i-absorb pag natapos na daw po yung contract. However may clause po sa contract na ganito:

The CONSULTANT agrees not to perform any work as a direct or indirect employee or contractor to the client assigned by the SOFTWARE HOUSE for the duration of the Contract and twelve (12) months after the completion thereof.

Any violation of this exclusivity clause entitles the SOFTWARE HOUSE TWENTY-FIVE OERCENTUM (25%) of gross proceeds from such transaction.

Question po is effective po ba itong clause na ito kung yung client po ng client nila ang magha-hire sa akin?

Thank you po in advance.

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2 Re: Contract Question on Fri Dec 28, 2012 12:23 pm

earl223


Arresto Menor
Hi Dan.. i'm no legal expert pero tignin ko walang kaso yan. You cannot work for a client of your company... but the client of a client of your company is not a client of your company.

As an example: Intel clients would include Microsoft, Apple, Toshiba, etc. Microsoft clients would include maybe San Miguel Corp, Ayala land, Jollibee, etc. So, an Intel Engineer may not work at Microsoft, but he can work at... Jollibee. =p

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3 Re: Contract Question on Fri Dec 28, 2012 12:36 pm

adel.villafuerte


Arresto Mayor
One of the sources of obligation is a contract between the parties. If you are an employee of any of the companies who executed the contract, you are not bind or liable for any of their violation. And you may file resignation anytime you want, except there is other liability on your part for non payment of cash advances,etc.

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4 Re: Contract Question on Fri Dec 28, 2012 1:21 pm

shad_marasigan


Reclusion Perpetua
ano pa ang nakalagay sa contract regarding sa termination clause?

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5 Re: Contract Question Today at 4:14 am

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