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-Compete clause in quit claim

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

1 Non-Compete clause in quit claim on Fri Jul 03, 2015 9:59 pm

almar515


Arresto Menor
Hello, I previously worked as a Service and Parts Manager for a trading company in Alabang. I resigned last June 10 and had my clearance processed with finance and accounting dept. I was about to processed my quit claim for my last pay when the President of the gave me acopy of the said quit claim for my review, there was a certain clause stated the i cannot transfer or engaged in a similar business or trade where in my previous employer is engaged. I have not yet signed this because to my belief this not enforceable since I have not signed any contract of employment with them nor there are no company policy or rule book that we have signed or recieved. Since I have not signed this, is this clause inforceable? Thanks in advance

View user profile

2 Re: Non-Compete clause in quit claim on Sat Jul 04, 2015 6:43 am

council


Reclusion Perpetua
How were you able to work there without a contract in the first place?

Generally a quitclaim with a non-compete clause is a "generic" protection for the company in case the employee has any knowledge of company trade secrets or other similar matters.

Maybe the company is thinking that if you transfer to another similar company or put up a similar business then their customers might be pirated.

View user profile http://www.councilviews.com

3 Re: Non-Compete clause in quit claim on Sat Jul 04, 2015 7:02 am

almar515


Arresto Menor
To my knowledge never have I seen or know anyone who joined the company that was given a contract of employment..this has been practiced in this company for as long as i remember..is it ok for me not to sign this quit claim and insist to them that the clause is not amendable on my side since I had no contract of employment with them.

View user profile

4 Re: Non-Compete clause in quit claim on Sat Jul 04, 2015 7:25 am

council


Reclusion Perpetua
almar515 wrote:To my knowledge never have I seen or know anyone who joined the company that was given a contract of employment..this has been practiced in this company for as long as i remember..is it ok for me not to sign this quit claim and insist to them that the clause is not amendable on my side since I had no contract of employment with them.

Your premise (no contract) may be invalid since there is proof you actually worked there.

What do you intend to do after leaving the company? Where are you working after?

View user profile http://www.councilviews.com

5 Re: Non-Compete clause in quit claim on Sat Jul 04, 2015 9:09 am

almar515


Arresto Menor
But will it stand that I am not amendable to there terms on the non compete clause? I might engaged in the same line of business.

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