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Non-compete Startup Help

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1 Non-compete Startup Help on Sun Jul 16, 2017 10:19 am

vongutom


Arresto Menor
Hi, I'm currently working in a startup here in Manila and I'm planning on transferring to our direct competitor. Reasons being: Bad management and questionable practices.

The thing is, I signed a non-compete. But it's not a separate contract, it was just a clause in my employment contract. The exact words are:

Non-compete clause: In the event of termination from employment for any reason, such as but not limited to dismissal, separation, resignation, and the like, the Employee binds himself not to be employed by, or aid, counsel, assist, directly or indirectly, any person, firm or corporation in direct competition with the Employer for a period of TWO (2) years from the date of such separation. Violation of this provision entitles the Employer to liquidated damages of equivalent to Php1 Million.

Things to note:
1. It didn't specify which are the direct competitors.
2. My copy of the contract has no signature from our CEO, boss or HR. There's a space for our boss, and me to sign, but I was only the one who signed it. (Maybe my boss's copy has both our signature? I can't say as I didn't see)
3. My copy of the contract is not notarized

Questionable practices:
1. Our company don't issue payslips..ever

Is this enforceable?

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2 Re: Non-compete Startup Help on Sun Jul 16, 2017 1:06 pm

council

avatar
Reclusion Perpetua
ikaw mismo nagsabi na direct competitor sila.

1. the company doesn't have to specify which others are the direct competitors.
2. --
3. notarization is not necessary

questionable practice?
1. payslip - not a legal requirement afaicr.

Enforceable - yes.

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3 Re: Non-compete Startup Help on Tue Jul 18, 2017 3:53 am

StephCurry


Arresto Menor
Hi can a non-compete clause actually restricts you from applying directly to your previous employers clients?

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4 Re: Non-compete Startup Help on Tue Jul 18, 2017 6:43 am

council

avatar
Reclusion Perpetua
StephCurry wrote:Hi can a non-compete clause actually restricts you from applying directly to your previous employers clients?

Why are you asking the same question in so many posts?

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