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Non Compete Non Solicitation Agreement Template for Philippines

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Key Requirements PROMPT example:

Non Compete Non Solicitation Agreement

"I need a Non-Compete Non-Solicitation Agreement for a senior software developer in Manila, Philippines, who will have access to our proprietary technology and client relationships, with a restriction period of 12 months post-employment starting from January 2025."

Document background
The Non-Compete Non-Solicitation Agreement is a crucial legal instrument in the Philippine business environment, used to protect companies' legitimate business interests, trade secrets, and customer relationships. This document is typically implemented when onboarding new employees, during business acquisitions, or in professional service arrangements where parties gain access to sensitive information or key business relationships. The agreement must comply with Philippine constitutional principles, labor laws, and competition regulations, requiring careful balancing between business protection and individual rights. Key considerations include reasonable temporal and geographical restrictions, clear definition of prohibited activities, and specific provisions for both non-compete and non-solicitation obligations. The document is particularly relevant in today's dynamic business environment where employee mobility and competitive pressures make business protection essential.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - typically the employer/company and the employee/contractor

2. Background: Explains the context of the agreement, the business relationship between the parties, and the legitimate business interests being protected

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competing Business', 'Territory', and 'Restricted Period'

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

5. Non-Solicitation of Customers: Specifies restrictions on approaching or dealing with customers or potential customers of the protected business

6. Non-Solicitation of Employees: Outlines restrictions on recruiting or attempting to recruit employees of the protected business

7. Duration and Territory: Clearly defines the time period and geographic area where restrictions apply

8. Acknowledgments: Contains statements from the restricted party acknowledging the reasonableness of restrictions and receipt of consideration

9. Remedies: Specifies available remedies in case of breach, including injunctive relief and damages

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

Optional Sections

1. Garden Leave: Optional provision for paid non-compete period, typically used for senior executives or key employees

2. Consideration: Separate section detailing specific consideration provided for the restrictions, required when agreement is signed post-employment

3. Return of Property: Details obligations regarding return of company property and materials, relevant when combined with separation agreement

4. Survival: Specifies which provisions survive termination of employment or business relationship

5. Trade Secrets Protection: Additional provisions specifically protecting trade secrets, useful for technical or specialized roles

6. Independent Contractor Provisions: Special provisions when the restricted party is an independent contractor rather than employee

Suggested Schedules

1. Schedule A - Restricted Territory: Detailed description or map of the geographic area where restrictions apply

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

3. Schedule C - Protected Customers: List of specific customers or customer categories covered by non-solicitation provisions

4. Schedule D - Consideration Details: Breakdown of any financial or other consideration provided for the restrictions

5. Appendix 1 - Acknowledgment Form: Form for periodic reaffirmation of obligations, particularly for long-term restrictions

Authors

Alex Denne

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

Relevant legal definitions






























Clauses




























Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Manufacturing

Retail

Telecommunications

Pharmaceutical

Information Technology

Management Consulting

Engineering

Sales and Distribution

Research and Development

Education and Training

Business Process Outsourcing

Relevant Teams

Sales

Business Development

Research and Development

Executive Leadership

Product Development

Client Services

Technical Operations

Strategic Planning

Customer Relations

Marketing

Engineering

Professional Services

Account Management

Operations

Information Technology

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Business Development Manager

Senior Software Engineer

Account Manager

Regional Sales Manager

Product Manager

Research Scientist

Technical Lead

Senior Consultant

Client Relations Manager

Operations Director

Senior Marketing Manager

Department Head

Vice President

Territory Manager

Key Account Executive

Technical Specialist

Strategic Planning Director

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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