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Non-Compete Clause

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26 Re: Non-Compete Clause on Wed Aug 10, 2011 2:32 pm

strawberry4gg


Arresto Menor
Thank you so much..i don't have contract with racking company.besides, we don't carry racking and pallets in my current job.it is for turn key projects only and it's my prerogative whether i will offer racking from different source or ask other company as well to supply such.The owner of our company spoke to my previous employer already that there is no racking selling involve in our product portfolio, however my previous employer insisted that there is a participation still. My current boss also offered my former boss to use me as an extension to sell their racks if they want since racking is not on our product line.haaay thank you again.

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27 Re: Non-Compete Clause on Mon Aug 22, 2011 3:35 pm

momoy4


Arresto Menor
sana masagot yung mga query ko.

Sad

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28 NON COMPETE CLAUSE on Wed May 16, 2012 9:39 pm

butch071270


Arresto Menor
good day!

my wife signed a non disclosure/non compete agreement to her company.
i also work for the same company for 1yr. and my father in law for 40yrs.but we diddnt sign any such agreement.

now, we want to start a business with the same product as my wife'scompany,(since this is the only business that we knew the in and out). and we will register it under the name of my father in law.

will there be a legal case for my wife since we are husband and wife or her father and daughter?

thanks you and more power


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29 Re: Non-Compete Clause on Thu May 17, 2012 8:48 pm

attyLLL


moderator
momoy, it is valid for twelve months.

butch, yes, it is possible.employers can terminate an employee for being married to someone from a competitor


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30 Re: Non-Compete Clause on Wed May 23, 2012 1:56 am

rmlarion


Arresto Menor
Nagpadala ng legal letter ang former employer ng husband ko May 8,2012 dahil sa affidavit of commitment/agreement August 1999 with a penalty of paying a liquidated damage of 1,000,000. Sa totoo lang po iniyakan ko talaga to dahil wala naman kaming pera, may sarili kaming bahay pero binabayaran pa namin ito sa bangko. Nagresign siya last March 26, 2012 at the same time yon din ang start nya sa competitor ng company. Ang line of business ng mga company is outsource printing, may isang client na pareho nilang customer. Programmer ang husband ko but sa nilipatan niya ibang software na ang gamit, kaya bagong pag-aaral para sa kanya ito. Ang problema iniipit ng previous employer ang last pay ng husband ko hanggang ngayon dahil dito sa pinadala nilang letter. Pumunta naman siya para makipag-usap kaso hindi naman alam ng immediate superior niya ang tungkol sa legal letter kaya umuwi na lang siya. Ano po ba ang dapat naming gawin? Sana po matulungan niyo kami.

Thank you and God Bless.

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legally


Arresto Menor
I need your Advise on a Non-compete clause,
First of all, I am just a Fresh graduate, I was graduated last May 2012 and did succeed to find a company. Then, I finally want to quit because of they are assigning me for a long hour duty of work, like sometimes from 9am to 6am,

What if I pass my resignation letter then overturned the 30days required day, then found a new company and apply as a fresh graduate, how would my new company know that I have a previous work with my old company?

Do the SSS,PHIC,BIR etc. can notify my old company? or notify my new company.?

PLEASE SPARE SOME HELP.. I AM "HELPLESS" : (


my non-compete clause, says that I should not work for a competitor for 1 year start date of my work, I am just afraid of the new company is a competitor of my current company..

Thank you in advanced.

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32 Re: Non-Compete Clause on Tue Jul 17, 2012 5:14 pm

attyLLL


moderator
your new employer will ask you where your last work was.

a non compete clause is valid, and i don't recommend you simply disregard it.


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33 Re: Non-Compete Clause on Fri Aug 24, 2012 3:30 pm

raceep


Arresto Menor
help please - would a noncompete clause cover employment in a previous employer's client (not its competitors but its direct client instead) -- my contract states "the employee agrees that he will not engage in or assist others to engage in or have any interest in any business similar, allied to or in competition with the employer's business or trade in any geographic area in which the employer markets or has marketed its product." and is a 4 year prohibition just? thankyou

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34 Re: Non-Compete Clause on Fri Aug 24, 2012 9:43 pm

attyLLL


moderator
in my opinion, no, because the new employer is not a competitor


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35 Re: Non-Compete Clause on Fri Jan 18, 2013 11:54 pm

chellesky


Arresto Menor
Hi,

I'd just like to know what are the consequences if you lose from a non compete clause case? (Did I mention it right?)

And what are the chances of winning here in the Philippines.

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36 Re: Non-Compete Clause on Fri Jan 18, 2013 11:58 pm

chellesky


Arresto Menor
If the company already know that you have been hired by one of their competitor, may right ba sila to hold your clearance and salary?

What if the non-compete clause wasn't discuss to you in the first place.

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37 Re: Non-Compete Clause on Sat Jan 19, 2013 10:54 am

attyLLL


moderator
as long as you signed the contract, you can be liable. they can go to the court and ask for damages aside from not giving you a clearance


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38 Re: Non-Compete Clause on Sat Jan 19, 2013 12:11 pm

chellesky


Arresto Menor
Hi! Thanks for the quick response. Highly appreciate it.

What are the chances of winning?

For example, the company itself is not a competitor but I'll be under the department with similar nature of work. Will that still be covered by this clause?

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39 Re: Non-Compete Clause on Sat Jan 19, 2013 12:21 pm

chellesky


Arresto Menor
Can that be negotiated?

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40 Re: Non-Compete Clause on Mon Jan 21, 2013 1:11 am

redvelvet09


Arresto Menor
What if I was only asked to sign a non-compete agreement after I passed my resignation letter and before its effectivity? I think they call it the notice period. I know that I am not obliged to sign it but what if they put my clearance and my backpay on hold because I wouldn't sign?

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41 Re: Non-Compete Clause on Tue Feb 12, 2013 3:10 pm

ruffians_and_pimps


Arresto Menor
Don't sign it. If they withhold clearance, file a claim with NLRC.


redvelvet09 wrote:What if I was only asked to sign a non-compete agreement after I passed my resignation letter and before its effectivity? I think they call it the notice period. I know that I am not obliged to sign it but what if they put my clearance and my backpay on hold because I wouldn't sign?

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42 Re: Non-Compete Clause on Mon Feb 25, 2013 5:36 pm

sniper420


Arresto Menor
Hello everyone. I wanted to seek your opinions before i make this move.

i am an executive search consultant. I signed a non compete clause when i joined this company. im currently handling recruitment and clients interaction

my clause states that "the EMPLOYEE cannot join a company, after the date of his resignation, for the next 2 years a company that directly or indirectly competes with EMPLOYER" something like that. i will have to pay no less than 200K pesos.

a company who is in the same industry has recently offered me a position. same position that i am in right now. recruitment and handling clients.

ALTHOUGH: 1. this company serves different clients from what i have now. (my current clients are consumer and pharma companies) and this company has call center / bpo / shared services clients.
*in my opinion it is not competing since the clients / info that i have is irrelevant with their clients.

2. i think the clause is very broad. in my research the clause should be specific. directly or indirectly can mean a lot of things. it should be specific to companies. should that be the case? i think it is unfair to the employee.

my boss will definitely sue me.

i just would want to know if this will hold in court?

the labor law states that i citizen should have the right to earn a living. plus, yung mga alam ko naman dito i will not share there. and if i do share, totally different clientele naman from what i have and with what i am going to handle there.

help lang? asking for opinions? thank you!

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43 Re: Non-Compete Clause on Mon Feb 25, 2013 10:01 pm

Patok


Reclusion Perpetua
same kasi nature nyo nang company.. pano pag nagkaron nang same clients.. di mo naman mapipigilan yun..

i suggest you transfer muna sa ibang company na hindi ganyan ang ginagawa.. then pag nawala ka na sa radar nang boss mo.. transfer to that company na sinasabi mo ngayon.

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44 Re: Non-Compete Clause on Tue Feb 26, 2013 10:25 am

sniper420


Arresto Menor
hirap eh.. it is stated na 2 years from when i resign.. i tried sa other companies pero hirap eh. my skill set is really for this industry..

my boss will sue me talaga. mga mukang pera yung mga tanga eh hehe.. i just hope that it will not hold in court... i just have 2 years work experience peperahan pa ko ng 200k. oh my

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45 Non-Compete Clause on Sun Aug 03, 2014 4:23 pm

LESTAT112624


Arresto Menor
May non compete agreement po ako s dating Travel Agency company here in Manila... Then now im now joining with Japan Inbound travel agency based in Japan .. May violation po b ako or saklaw b ng international rules and contrato ko dito s manila

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46 Re: Non-Compete Clause on Tue Aug 26, 2014 7:54 am

bamguidotti


Arresto Menor
Hello,
I presently work in one resort casino hotel as a probationary employee, they have this NCC clause which i know before is only for employees involved in gambling activities (dealers, slot attendants,etc.). As a Techncian in Entertainment department I tried to apply in a new Resort casino where they have openings for supervisory or managerial positions. The new resort casino wouldn't accept me because of the NCC. Even if this will mean self-development (promotion) in my part and economically will bring advantage to my family. I decided to work in the Philippines than working abroad but it seems that some laws/policies in the Philippines makes it more difficult for Filipino workers while foreigners can easily be hired to their company. Secondly, I beleive that NCC clause should have limitations. I am a technician and have nothing to do with their casino or gambling activities. Can I bring this up to the labor department?

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47 Re: Non-Compete Clause on Tue Aug 26, 2014 11:35 am

council


Reclusion Perpetua
Post the exact text of the clause so we can have a better opinion.

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48 Re: Non-Compete Clause on Sun Feb 01, 2015 10:35 pm

pepe80


Arresto Menor
hindi po ba para dito yung bagong kapapasa na competition law?? hindi po ba pino prohibit na anti-compete agreement? hindi naman ako abogado. paki correct nalang po ako. salamat sa reply.

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49 Re: Non-Compete Clause on Sat Oct 24, 2015 8:10 am

naughtynaughty


Arresto Menor
I am currently working as Offshore Recruiter for a Recruitment Process Outsourcing Company.  Plano kong mag resign dahil sa mas magandang work experience and pay sa isang company for the same position.  Yun lilipatan ko company is registered as BPO company not RPO.  

I never signed an non-compete agreement na part ng akin job contract. However when I reviewed our employee handbook regarding process of resignation, I saw this clause:

Provide a notarized Affidavit stating that you will not be employed with any of PSG’s competitors and will honor the signed non-compete form for a period of one (1) year from the date of separation (prepared template will be provided).

Do I have the right not to sign the non-compete clause and still get cleared and have my final pay?

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50 Re: Non-Compete Clause on Mon Oct 26, 2015 4:42 pm

attyLLL


moderator
IMO, if it was not a clause in your job contract, it cannot be added subsequently without your consent. Therefore you do not need to agree to the non-compete and you should be entitled to all your pay.


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51 Re: Non-Compete Clause Today at 9:29 pm

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