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Post-employment Restrictions
1. Concept “Post-employment restrictions” – refer to limitations imposed on former employees after exiting employment in relation to their next work or business, as well as what they can say about their previous work which may be sensitive or confidential. a. Purpose of post-employment restrictions There are several purposes of post-employment restrictions, to wit: 1)…
Non-Compete Agreements
Summary ▪ A non-compete agreement in an employment contract is valid. ▪ The NDA should cover confidential matters only. 1. Concept A non-compete clause is a contractual stipulation whereby one party is prohibited from competing against the other contracting party in a similar activity for a certain period. A non-compete clause is valid as a…
Lawyer’s transfer attended with bad faith
The employee – a Lawyer hired as an Assistant Vice-President and Head of the Pensions Department – filed a case for constructive dismissal after experiencing varying degrees of difficulties and discrimination in the company. In response, the employer claimed that the employee refused to be transferred and re-assigned as the Assistant Vice-President of the Legal…
Confidentiality or Non-Disclosure Agreements
Summary ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid. ▪ The NDA should cover confidential matters only. ▪ Employees who violate their NDA may be liable for damages. 1. Concept a. Non-disclosure agreement A confidentiality or non-disclosure agreement (henceforth, “NDA”) is an agreement whereby one party reveals confidential information to…
OSHS Compliance
What is Occupational Safety and Health Standards (OSHS) Compliance? Let’s discuss…. Log in below. Username or E-mail Password Remember Me Forgot Password
Philippines Today, Inc. v. NLRC (1997)
See: Original Decision Philippines Today, Inc. v. Go-Belmonte, G.R. No. 112965, January 30, 1997, Per Panganiban, J.: 1. Background • May a “Memorandum for File” which did not mention the words “resign” and/or “resignation” nonetheless juridically constitute voluntary resignation? In answering this question, the Court took into account not merely the literal meaning of the…
