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

Go down  Message [Page 1 of 1]

1 NON COMPETE CLAUSE on Wed Jul 25, 2018 11:58 am

mcfmd3


Arresto Menor
Hello. Looking for your kind assistance on my situation.

I was employed from my previous employer for 1yr and 7months (Regular Employee).
My previous company, retrenched some employees including me, to prevent further losses.

They gave me 30days (with pay) to find a new job.

Now, we are in the talks of my separation pay, back pay and 13th month.

They told me, that I may have breached my previous contract with them.

- Non Compete Clause on my contract, that prohibits me (within 6months) from joining a new company which is a direct competition to my previous (Travel Agency) -

Then I was hired by new company (1 month after I was retrenched), I honestly forgot/ didn't know about that clause in my contract.

Since I was, with previous sales companies (Real Estate). That allows employees to join other real estate companies.

I fear that, this issue my affect my Separation and Back Pays.

My question is, can they (previous employer) use this to hold or even deny my rights of receiving Separation Pay, Back Pay and 13th month.

Or can this clause still be valid, since I was retrenched.

Hoping someone can give me a legal advice.

Thanks in advance.



Last edited by mcfmd3 on Wed Jul 25, 2018 2:10 pm; edited 1 time in total (Reason for editing : typo)

View user profile

2 Re: NON COMPETE CLAUSE on Wed Jul 25, 2018 2:00 pm

mikos23

avatar
Reclusion Perpetua
the issue of your separation pay is different from the issue of non-compete clause.

They should not hold your separation pay. but what they can do is file in court for your breach of contract.

View user profile

3 Re: NON COMPETE CLAUSE on Wed Jul 25, 2018 2:08 pm

mcfmd3


Arresto Menor
mikos23 wrote:the issue of your separation pay is different from the issue of non-compete clause.

They should not hold your separation pay. but what they can do is file in court for your breach of contract.

So it means, that Non Compete Clause is still valid even they're the one who forced me to leave thru retrenchment?

Thanks for the advice. cheers

View user profile

4 Re: NON COMPETE CLAUSE on Thu Jul 26, 2018 5:41 am

arnoldventura


Reclusion Perpetua
Yes, it is valid. The reason for separation would not matter, because the non-compete agreement is not dependent on the reason why the employee got separated. https://www.alburovillanueva.com/must-employment-contracts-hiring-process

View user profile

5 Re: NON COMPETE CLAUSE on Thu Jul 26, 2018 9:24 am

mcfmd3


Arresto Menor
arnoldventura wrote:Yes, it is valid. The reason for separation would not matter, because the non-compete agreement is not dependent on the reason why the employee got separated.

Got it ! Appreciate the advice. cheers

View user profile

Back to top  Message [Page 1 of 1]

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