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Non-compete (Foreign Company)

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1 Non-compete (Foreign Company) on Wed Dec 17, 2014 7:39 pm

Pear


Arresto Menor
Good day Everyone,

I would like to ask for your help, I really don't have an idea. Is the non-compete still effective if the Company that will hire you is a foreign company?

Thanks!

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2 Re: Non-compete (Foreign Company) on Wed Dec 17, 2014 8:28 pm

council


Reclusion Perpetua
Yes, especially if it is based in PH, as long as the non-compete clause is not contrary to law, public policy or morals, etc.

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3 Re: Non-compete (Foreign Company) on Thu Apr 07, 2016 5:02 pm

evans99


Arresto Menor
council wrote:Yes, especially if it is based in PH, as long as the non-compete clause is not contrary to law, public policy or morals, etc.

Hi sir, ask ko lang po what if yung ncc ko po is with a PH company and yung lilipatan kong company is based sa ibang bansa? Effective pa rin po ba yung ncc? Although sa contract ko nakalagay doon ay

"This agreement shall be governed by and interpreted in accordance with the Laws of the Republic of the Philippines"

Thank you sir Smile

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4 Re: Non-compete (Foreign Company) on Sun Apr 10, 2016 1:55 pm

thepoetsedge


Reclusion Perpetua
evans99 wrote:
council wrote:Yes, especially if it is based in PH, as long as the non-compete clause is not contrary to law, public policy or morals, etc.

Hi sir, ask ko lang po what if yung ncc ko po is with a PH company and yung lilipatan kong company is based sa ibang bansa? Effective pa rin po ba yung ncc? Although sa contract ko nakalagay doon ay

"This agreement shall be governed by and interpreted in accordance with the Laws of the Republic of the Philippines"

Thank you sir Smile

Kung yung NCC is based from your previous PH company, the NCC will be effective only on "reasonable" distance. Theoretically, if you will go to another municipality or province, the NCC may not apply to you anymore but it is subject to interpretation by labor arbiters and the courts if there will be litigation.

If you are going to another country, I would surmise that the NCC will not be effective in that jurisdiction. But again, this is subject to the interpretation of the labor arbiters and courts if there will be a case filed against you.

Better yet, seek legal advice from a labor lawyer just to know what may be the legal effects of a valid or invalid NCC.

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5 Re: Non-compete (Foreign Company) on Wed Apr 13, 2016 5:05 pm

Juan.Tamad


Arresto Menor
Hello Po,

Please advice po. Bago lng po ako nag resign sa companyang dati ko pinagtatrabahuan. Yong contract ko po dati ay may non-compete clause, pro yong contract po is hindi permado ng Lawyer, it's only an agreement between me and my employer. Tapos young client nla na hinandle ko when I was working with them ay kinontak ako, at gusto nya e end ang contract sa dati kong company and I will be working directly to him. Ask ko lng po, pag nalaman po ba to ng companya ay may chance po ba na kasuhan nila ako? Please advice po. Thanks!

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6 Re: Non-compete (Foreign Company) on Tue Apr 19, 2016 2:08 am

heartofachampion


Arresto Menor
Hi. Is a non compete clause applicable kapag same industry pero sa ibang bansa base yung lilipatang company? Especially pag walang nakalagay na specific jurisdiction doon sa NCC? My NCC is one year after resignation. Thank you

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