Will the Philippine (Supreme) Court honour a Company's "Non-Compete" you signed?

Question

Scenario:
You signed a contract with your (new) Company with a "Non-Compete" clause for 1 year effective after your last day of work with them.

Will the Philippine (Supreme) Court honour it if you are undergraduate and thus, you are very limited in the jobs you can apply to?

What are the factors before the (Supreme) Court recognize a Non-Compete clause as valid or invalid?

Btw, just curious as to the opinions of the Filipino people, more of a research of the general public's point-of-view in the matter.

Answer 1

Non-compete clause i think is a violation of the right to unlawful servitude, thus, you cannot be compelled to do or not to do something which is especially your bread and butter. However, you as the signatoty is not exempt from civil liabilities because you have breached a term in the contract.

In other words, true that the constitution protects one's rights, however, these rights cannot be used to the prejudice of other person (individual or artificial). Every actions entails responsibilities and obligations that must be complied with or suffered as a consequence thereof.

Thus, even if the constitution invalidates such contract, the agreement still stands concerning you personally and the company. You have to choose to exercise your constitutional rights and face the consequence of said breach of contract or abide with the contract... ^^

As to the breach of contract, the company may sue you for damages and also my raise the claim for the "protection of trade secrets"(there is a legal term for this which i am not acquinted yet)...

Well, In the Philippine Judiciary, heirarchy of Courts is being exercised except on instances where different courts have concurrent jurisdictions... and usually, this kind of questions o are triable by lower courts and may be brought to the Supreme Court by review based on questions of law or by certiorari grounded on grave abuse of of discretion amounting to lack or in excess of jurisdiction. More likely, the Supreme Court has no time resolving such case being it moot and academic.

Answer 2

I do not know Philippine law, but I think it is highly unlikely that a suit over a noncompete clause would be worth taking to the supreme court.

That said, how you handle this is more a matter of conducting yourself with integrity than it is about being able to get away with something on a technicality. If you signed in good faith, then keep your word.

If you still feel that the non-compete clause was unfair or too broad, you should contact a lawyer in the jurisdiction that applies. You can sometimes get a first time 30 minute consultation for free.

Answer 3

Non Compete Agreement Philippines

Answer 4

definite, and it is not important the religion of the protesters. you haven't any longer have been given freedom of hate. On which you're unsuitable. You do have freedom of expression. the unhappy element of the ruling became that one justice objected. The looking ought to have been unanimous. They have been asked to reaffirm the 1st modification rights of those protesters. Why anybody might merchandise is previous reason. Too many human beings be attentive to so little or no longer something approximately being an American. u.s. is a land of regulation, no longer a land of majority rule. each and each and all and sundry of you have to be grateful of that conventional you reside in u.s..

Answer 5

You willingly signed a legal contract. I can see no reason any court of law would render it void. You need to watch what you sign. It's part of being an adult.

Answer 6

What if you are aware of such clause being with the senior management position but there is no existing contract between you and the company?