Non Compete Agreement Termination Template for Philippines

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Key Requirements PROMPT example:

Non Compete Agreement Termination

"I need a Non-Compete Agreement Termination document for our departing Chief Technology Officer who is leaving amicably on March 1, 2025, with some surviving confidentiality obligations and a mutual release of claims."

Document background
The Non-Compete Agreement Termination is a crucial document used when parties wish to formally end existing non-compete obligations in the Philippines. It's typically employed when an employee leaves a company, when business circumstances change, or when both parties mutually agree to end restrictions. The document must comply with Philippine Civil Code requirements and labor laws, ensuring proper documentation of the termination while protecting both parties' interests. This termination agreement includes key elements such as the effective date of termination, mutual releases, and any surviving obligations. It's particularly important in the Philippine context where non-compete agreements must be reasonable and not unduly restrict employment opportunities, as protected by the Constitution.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the original employer and employee/contractor bound by the non-compete agreement

2. Background: Reference to the original non-compete agreement, including its date, purpose, and key terms being terminated

3. Definitions: Key terms used in the termination agreement, including references to defined terms from the original agreement

4. Termination Declaration: Clear statement of the termination of the non-compete agreement and its effective date

5. Mutual Release: Release of claims and obligations related to the non-compete agreement

6. Return of Confidential Information: Confirmation of return or destruction of any confidential information obtained during the employment relationship

7. Governing Law: Confirmation that Philippine law governs the termination agreement

8. Execution: Signature blocks and execution requirements

Optional Sections

1. Surviving Obligations: Specifies any obligations that will survive the termination, such as confidentiality provisions - include if any terms are to remain in effect

2. Consideration: Details of any payment or consideration for the termination - include if there is a financial settlement involved

3. Non-Disparagement: Mutual agreement not to make negative statements about each other - include for senior employees or sensitive separations

4. Acknowledgment of Compliance: Statement confirming compliance with the agreement up to termination date - include if there are any compliance concerns

5. Future Cooperation: Terms for any required future cooperation between parties - include if ongoing matters require attention

6. Tax Provisions: Treatment of any tax implications from the termination - include if there are financial considerations

Suggested Schedules

1. Original Non-Compete Agreement: Copy of the original agreement being terminated

2. Certificate of Compliance: Documentation confirming compliance with agreement terms up to termination

3. Schedule of Returned Items: List of any confidential materials or company property being returned

4. Payment Schedule: Details of any termination payments or financial settlements, if applicable

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

Financial Services

Healthcare

Manufacturing

Professional Services

Retail

Telecommunications

Pharmaceuticals

Consumer Goods

Engineering

Consulting

Research and Development

Relevant Teams

Legal

Human Resources

Executive Leadership

Sales

Research and Development

Product Development

Operations

Information Technology

Business Development

Marketing

Finance

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Sales Director

Research Scientist

Product Manager

Business Development Manager

Regional Manager

Technical Lead

Marketing Director

Operations Manager

Senior Consultant

Account Executive

Department Head

Vice President

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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