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Current Non Compete Agreement Template for Philippines

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Key Requirements PROMPT example:

Current Non Compete Agreement

"I need a Current Non-Compete Agreement for a senior software developer in Manila who will have access to our proprietary AI technology, with a 1-year restriction period starting March 2025 and covering the Philippines and Singapore."

Document background
A Current Non-Compete Agreement is essential for businesses operating in the Philippines who need to protect their legitimate business interests, trade secrets, and competitive advantage. This document is typically used when onboarding key employees or updating existing employment terms for staff members who have access to sensitive information, strategic plans, or valuable client relationships. The agreement must comply with Philippine labor laws and constitutional principles, which require that any restrictions on an employee's right to work must be reasonable in terms of duration, geographic scope, and prohibited activities. The document includes specific provisions on non-competition, non-solicitation, and confidentiality obligations, along with clear definitions of restricted activities and territories. Given the Philippine courts' careful scrutiny of such agreements, the terms must be drafted to demonstrate clear business necessity and reasonable limitations to be enforceable.
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 used in the agreement, including 'Confidential Information', 'Competing Business', 'Restricted Period', and 'Restricted Territory'

4. Non-Compete Obligations: Details the specific restrictions on competitive activities, including duration and geographic scope

5. Non-Solicitation of Customers: Prohibits the solicitation of company customers or clients during and after employment

6. Non-Solicitation of Employees: Restricts the recruitment or hiring of company employees

7. Confidentiality Obligations: Specifies the employee's obligations regarding confidential information

8. Acknowledgment of Reasonableness: Employee's acknowledgment that restrictions are reasonable and necessary

9. Duration and Geographic Scope: Specifies the time period and geographical areas where restrictions apply

10. Consideration: States the consideration provided in exchange for the non-compete obligations

11. Remedies: Outlines available remedies in case of breach, including injunctive relief

12. Governing Law: Specifies Philippine law as governing law and relevant jurisdiction

13. Severability: Allows rest of agreement to remain valid if any provision is found unenforceable

14. Entire Agreement: Confirms this document represents the complete agreement between parties

Optional Sections

1. Garden Leave: Optional provision for paid leave during notice period to enforce non-compete

2. Assignment Rights: Include when the company may need to assign agreement rights to another entity

3. Survival Clause: Specifies which obligations survive termination of employment

4. Return of Company Property: Include when employee has access to significant company property or materials

5. Independent Legal Advice: Acknowledgment that employee had opportunity to seek independent legal counsel

6. Alternative Dispute Resolution: Include when parties prefer arbitration or mediation before litigation

7. Compliance with Data Privacy Laws: Include when agreement involves handling of personal data

Suggested Schedules

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

2. Schedule B - Competing Businesses: List of specific competitors or types of competing businesses

3. Schedule C - Consideration Details: Breakdown of any financial or other consideration provided

4. Schedule D - Confidential Information: Detailed description of types of confidential information covered

5. Appendix 1 - Employee's Position and Duties: Detailed description of employee's role and responsibilities

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

Healthcare

Professional Services

Manufacturing

Telecommunications

Pharmaceuticals

Consumer Goods

Consulting

Research and Development

E-commerce

Software Development

Banking

Insurance

Retail

Relevant Teams

Executive Leadership

Sales

Business Development

Research and Development

Product Development

Client Services

Operations

Information Technology

Marketing

Finance

Human Resources

Legal

Strategy

Technical Services

Customer Success

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Senior Software Engineer

Product Manager

Business Development Manager

Research Director

Regional Manager

Account Executive

Technical Lead

Senior Consultant

Head of Operations

Chief Financial Officer

Marketing Director

Vice President of Sales

Senior Data Scientist

Principal Engineer

Department Head

Managing Director

Client Relations 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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