Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

NON-DISCLOSURE and NON-COMPETITION AGREEMENT

View previous topic View next topic Go down  Message [Page 1 of 1]

1 NON-DISCLOSURE and NON-COMPETITION AGREEMENT on Thu Mar 21, 2013 8:38 pm

juancruz


Arresto Menor
Last 3 years, my company asked to sign the NON-DISCLOSURE and NON-COMPETITION AGREEMENT. I just place the Non-Compete clause below:

After the severance of my employment with you, I will not join
a client company which engages in the same line of industry
for a span of five years from the data of my separation from the company except when a written authorization letter is secured from the Legal Deparment with approval of the President of the Company.

The contract gave us by the company's attorney. Together with my co-workers we asked questions regarding this clause as its too broad which we believed. Since we were not satisfied with the answers given by the attorney, we did not sign the contract and also, we said it was not notarized by the lawyer and there are no signatures indicated. Also, we just learned that this attorney is not yet an attorney and the company just made this person as the head of legal department.

Then our boss went to our office to collect the contracts. when we said we had other questions, our boss went berserk and he said we complain too much and that he rather ran out of bussiness instead of working with unhappy people and asked us to leave the company right away. With this threat, we were force to sign thecontract as most of us did not have any back up plans in case the company shuts down. After we signed this, we did not get a copy of the contract we just managed to scan the contract.

This year, I decided to resign after 9 years of service in the company as I have some issues regarding with my boss and the HR Manager did not want to communicate with me. Also, my boss
called me the worst employee in the company and started to dig up my past mistakes.

http://www.pinoylawyer.org/t18376-hr-refuse-to-give-certificate-of-employment

Now, my HR wants asked me to sign a "Sworn Undertaking for Sworn Separated Employee" which is now notorized stating the below statement where 5 years is changed to 3 years:

This office would like to remind you of your Agreement with entitled Non-Disclosure And Non-Competition Agreement stating in particular a Non-Compete Clause and Non-Disclosure Clause prohibiting you to be engaged, employed or connected in any way with a directly or indirectly compete company for a period of three years from the effective date of your resignation which was on The Non-Disclosure Clause, on the other hand, is perpetual in nature.

I am now planning to apply to a competitor since I am a pioneer of my previous company and my current skill set will be an advantage. And I believe, it is hard to shift careers at my stage.

My question is it advisable to sign the "Sworn Undertaking for Sworn Separated Employee"?

I hope you can give me some advice about my situation.

Thank you very much

View user profile

attyLLL


moderator
if your previous agreement states: I will not join
a client company which engages in the same line of industry,

then joining a competitor will not be in violation if such competitor was not a client of your previous employer. however, if you sign this new agreement then it will bind you.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

juancruz


Arresto Menor
Thanks for the reply. However, if I do not sign this, my back pay will not be given to me since my backpay process will take a week. What action should I do about this?

Thank you again.

View user profile

attyLLL


moderator
you can file a complaint at dole or nlrc for your pay. the argument that you have to sign that non compete at the time of termination should not be justification to withhold pay.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

juancruz


Arresto Menor
Thank you. Understood.

Can you please give some clarification. I applied to Company A, which is a owns the product and serves also as the distributor and implements the product and provide services. My company only implements the product and provide services and making add ons to the product.

Will my company is a competitor to Company A?

Thank you.

View user profile

attyLLL


moderator
describe it more in detail.

but if Co. A is paying your current employer, then imo, they are already a client.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

juancruz


Arresto Menor
Thanks for the reply.

Company A owns the software and they also distributes this. They implement the software which means they install and set up the software and provide user training and other services like customize the software per client needs.

My company also implements the software and provide the same services however the client should have purchased the software first from Company A or other distributors. Also, I believe we do not have any partnership with Company A and we are only offering services and not a product distributor. My boss said (but I am not sure on this) Company A is refering our company if ever there is a potential client. But I do not think Company A did not pay our company previously or not currently paying us.




View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum