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Agreement Not To Work For Competitor Template for Philippines

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Key Requirements PROMPT example:

Agreement Not To Work For Competitor

"I need an Agreement Not To Work For Competitor for a senior software engineer in our Manila-based fintech company, with a 12-month restriction period starting from March 2025 and covering major Southeast Asian financial hubs."

Document background
The Agreement Not To Work For Competitor is a crucial document used in Philippine employment relationships to protect an employer's legitimate business interests, confidential information, and competitive advantage. It is typically implemented when onboarding new employees or during significant role changes where employees gain access to sensitive information, trade secrets, or valuable client relationships. The agreement must be carefully drafted to comply with Philippine Constitutional principles, Civil Code provisions, and Labor Code requirements, ensuring that restrictions are reasonable in terms of duration, geographic scope, and scope of activities. This document is particularly relevant in today's highly competitive business environment where employee mobility can significantly impact business operations and competitive positioning. The agreement must balance the employer's need to protect its interests with the employee's constitutional right to work and earn a living, as recognized by Philippine courts.
Suggested Sections

1. Parties: Identifies and provides full details of the employer and employee entering into the agreement

2. Background: Explains the context of the agreement, including the employee's role and access to confidential information

3. Definitions: Defines key terms including 'Competitive Business', 'Confidential Information', 'Restricted Period', and 'Restricted Territory'

4. Non-Competition Obligations: Details the specific competitive activities the employee agrees not to engage in, including reasonable temporal and geographical limitations

5. Duration of Restrictions: Specifies the time period during which the non-compete obligations will apply post-employment

6. Geographic Scope: Defines the specific geographic areas where the restrictions apply

7. Consideration: Specifies the consideration provided to the employee in exchange for the non-compete obligations

8. Acknowledgments: Employee's acknowledgment of the reasonableness of restrictions and receipt of confidential information

9. Remedies: Outlines the remedies available to the employer in case of breach, including injunctive relief

10. General Provisions: Standard contract clauses including governing law, severability, and entire agreement provisions

Optional Sections

1. Non-Solicitation of Customers: Additional restrictions on soliciting or dealing with company customers, used when employee has significant customer relationships

2. Non-Solicitation of Employees: Restrictions on recruiting other employees, included when employee has leadership role or significant influence

3. Garden Leave: Provisions for paid leave during notice period, used for senior executives or highly sensitive roles

4. Training Reimbursement: Provisions requiring reimbursement of training costs if employee leaves within specified period, used when significant training investment is involved

5. Intellectual Property Rights: Additional provisions protecting company IP, used when employee is involved in creative or technical work

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed map or list of geographic areas where restrictions apply

2. Schedule 2 - Competitive Businesses: Comprehensive list of competitors or types of competing businesses

3. Schedule 3 - Consideration Details: Breakdown of any financial compensation or benefits provided as consideration

4. Appendix A - Confidential Information: Categories of confidential information the employee has accessed

5. Appendix B - Employee's Position and Duties: Detailed description of employee's role and responsibilities justifying the restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























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Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Telecommunications

Retail

Consumer Goods

Pharmaceuticals

Information Technology

Management Consulting

Banking

Insurance

Real Estate

Energy

Relevant Teams

Executive Leadership

Sales

Research and Development

Information Technology

Product Development

Business Development

Operations

Finance

Marketing

Human Resources

Legal

Customer Success

Engineering

Professional Services

Strategy

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Sales Director

Account Manager

Research Scientist

Product Manager

Business Development Manager

Financial Controller

Operations Director

Marketing Manager

Technical Lead

Regional Sales Manager

Senior Consultant

Department Head

Vice President

Managing Director

Chief Financial Officer

Senior Account Executive

Research and Development Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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