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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!
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!