Cease And Desist Letter Non Compete Template for Philippines

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Key Requirements PROMPT example:

Cease And Desist Letter Non Compete

"I need a Cease and Desist Letter Non Compete for our former Senior Software Developer who left our fintech company in January 2025 and is now working for our direct competitor, developing similar blockchain solutions in violation of their 12-month non-compete agreement."

Document background
The Cease And Desist Letter Non Compete is a crucial legal instrument used in the Philippine business environment when a former employee or business partner violates non-compete obligations. This document is typically employed when there is clear evidence of competitive activities that breach previously signed agreements, such as working for direct competitors or soliciting clients within a restricted period or geographic area. The letter must be drafted in compliance with Philippine Civil Code provisions, Labor Code regulations, and relevant jurisprudence on restrictive covenants. It serves as both a formal warning and a prerequisite to potential legal action, documenting the specific violations, demanding immediate cessation of prohibited activities, and outlining consequences of non-compliance. The document should be precise in identifying the violated terms, provide evidence of breaches, and set reasonable deadlines for compliance, all while ensuring enforceability under Philippine law.
Suggested Sections

1. Sender Details: Full legal name, address, and contact information of the sending party or their legal representative

2. Recipient Details: Full legal name, address, and contact information of the party in violation of the non-compete agreement

3. Subject Line: Clear indication that this is a Cease and Desist Letter regarding non-compete violation

4. Reference to Original Agreement: Specific details of the non-compete agreement including date, parties, and relevant clauses

5. Description of Violation: Detailed explanation of how the recipient has violated the non-compete agreement with specific instances and dates

6. Legal Basis: Reference to specific laws, contractual clauses, and legal rights being violated

7. Demands: Clear statement of required actions to cease competing activities and comply with the agreement

8. Deadline: Specific timeframe for compliance with the demands

9. Legal Consequences: Description of potential legal actions if demands are not met

10. Closing: Formal closing including signature block and date

Optional Sections

1. Previous Communications: Reference to any prior warnings or communications regarding the violation

2. Multiple Violations: Detailed list of multiple instances of non-compete violations, if applicable

3. Economic Impact: Description of financial damages or business impact caused by the violation

4. Settlement Terms: Proposed terms for resolving the matter without litigation

5. Reservation of Rights: Statement preserving all legal rights and remedies available to the sender

Suggested Schedules

1. Original Non-Compete Agreement: Copy of the signed non-compete agreement or relevant contractual provisions

2. Evidence of Violation: Documentation, photographs, screenshots, or other evidence of non-compete violations

3. Timeline of Events: Chronological listing of relevant events and violations

4. Previous Correspondence: Copies of any previous warnings or relevant communications

5. Witness Statements: Sworn statements or affidavits supporting the alleged violations

Authors

Alex Denne

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

Relevant Industries

Technology and Software

Professional Services

Healthcare and Pharmaceuticals

Financial Services

Manufacturing

Retail and E-commerce

Telecommunications

Consulting

Research and Development

Media and Entertainment

Relevant Teams

Legal

Human Resources

Compliance

Executive Leadership

Risk Management

Intellectual Property

Corporate Affairs

Business Development

Operations

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Compliance Officer

Sales Director

Research and Development Manager

Senior Software Engineer

Business Development Manager

Product Manager

Technical Lead

Account Executive

Chief Technology Officer

Operations Manager

Senior Consultant

Department Head

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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