In addition, Article 1306 of the BGB provides that contracting parties may set the provisions, clauses, conditions and conditions they deem appropriate, provided they are not contrary to law, morality, good customs, public order or public order. Indeed, a non-competition clause imposing appropriate restrictions in time, trade and place is valid and does not violate the law. Hey, Atty! I hope you`re okay. In the non-compete clause I signed, it says: « … I will not solicit or accept, directly or indirectly, a job or advice offer from another company in direct competition… Philippines and elsewhere, within two years… Do you not think that the restriction of place or territory (i.e. the Philippines and elsewhere) is inappropriate and could be fundamental to the nullity of the entire non-competition clause? Thank you, Atty. Pray for your answer. More power for you! The likelihood of the authorities applying a non-competition agreement may vary depending on national law and whether the courts deem the restriction appropriate. For example, a one-year restriction may be considered appropriate for a seller, since there is a risk that the seller may use leads from his or her previous contract. However, a one-year restriction for an engineer working in a high-tech field may be inappropriate, as the rapid nature of the field could render the knowledge of the engineer working out of work obsolete. Hi Atty, who resigned in January 2017, did not indicate competition (1 year for the same company). Today I am om 1 year and 2 months (same type of business).
Can my previous company still sue me? da paso na yung 1 year of validity indicated its not competing). hope your response (firstname.lastname@example.org) please send me an email. Thank you Non-participation clauses sometimes called non-participation clauses, non-compete clauses are valid and applicable as long as there are reasonable, commercial and local time restrictions. Hello Atty, is the non-compete clause still applicable if the employer forced its employee to resign by constructively dismissing? If the worker who has been working the same job for more than 7 years and in the same sector (in Switzerland and abroad) has the chance to win a legal battle if he/she passes to a competitor of the previous company? Thank you in advance. Hello Atty., with regard to the non-competition clause, my company prohibits me from creating or requesting a company of the same type for 1 year if I resign. Is there a way to apply to another company that has the same job as now? Thank you very much and I hope your response. The non-competition clause is intended to prevent the resigning employee from using and exploiting sensitive information such as trade secrets, customer lists, future products and other similar confidential information to the detriment of the employer.