Non Compete In Severance Agreement Template for Philippines

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Key Requirements PROMPT example:

Non Compete In Severance Agreement

"I need a Non Compete In Severance Agreement for our departing Chief Technology Officer who has extensive knowledge of our proprietary software and upcoming product launches; the agreement should protect our intellectual property for 12 months within Southeast Asia and include a severance package of 6 months' salary."

Document background
The Non-Compete in Severance Agreement is a critical document used in the Philippines when an employer needs to protect its business interests while providing separation benefits to departing employees. This document is particularly relevant when terminating employment relationships with key personnel who have access to sensitive information, trade secrets, or valuable client relationships. The agreement must carefully balance the employer's need to protect legitimate business interests with the employee's constitutional right to work under Philippine law. It typically includes detailed provisions about severance payments, restricted activities, geographic limitations, and duration of non-compete obligations. The document must comply with Philippine labor laws, particularly regarding reasonableness of restrictions and adequacy of consideration through severance benefits. It's commonly used during voluntary separations, restructuring, or negotiated exits where protecting company interests is paramount.
Suggested Sections

1. Parties: Identification of the employer and employee, including their complete legal names and addresses

2. Background: Context of the employment relationship, reason for separation, and basis for the agreement

3. Definitions: Key terms used in the agreement, including 'Competitive Business', 'Restricted Period', 'Territory', and other relevant terms

4. Severance Payment: Details of the severance package, including amount, payment schedule, and conditions

5. Non-Compete Obligations: Specific restrictions on competitive activities, including duration, geographic scope, and prohibited activities

6. Duration and Geographic Scope: Clear specification of how long the non-compete obligations last and the geographic areas where they apply

7. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets

8. Return of Company Property: Requirements for returning company assets, documents, and data

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

10. Severability: Provision ensuring that if any part is found invalid, the rest remains enforceable

11. Governing Law and Jurisdiction: Specification that Philippine law governs and which courts have jurisdiction

12. Entire Agreement: Confirmation that this document represents the complete agreement between parties

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Continued Benefits: Details of any benefits that continue post-employment, used when applicable benefits extend beyond termination

2. Non-Solicitation: Additional restrictions on soliciting employees or customers, included when business relationships need extra protection

3. Cooperation in Transition: Terms for employee assistance in transitioning their duties, used when handover is complex

4. Stock Options/Equity: Treatment of any outstanding equity compensation, included when employee has stock options or shares

5. Dispute Resolution: Alternative dispute resolution procedures, added when parties prefer arbitration or mediation

6. Release of Claims: Mutual or unilateral releases of legal claims, included when broader release is desired

7. References: Terms regarding future employment references, included when parties want to establish reference parameters

Suggested Schedules

1. Schedule A - Severance Payment Details: Detailed breakdown of severance payment components and schedule

2. Schedule B - Restricted Territory: Detailed map or list of geographic areas covered by non-compete

3. Schedule C - Competitive Business Definition: Detailed description of businesses and activities considered competitive

4. Schedule D - Company Property Checklist: List of company property to be returned

5. Appendix 1 - Confidential Information: Detailed list of types of information considered confidential

6. Appendix 2 - Acknowledgment Form: Form for employee to acknowledge receipt of payments and understanding of obligations

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 legal definitions
Relevant Industries

Technology and Software

Financial Services

Healthcare

Professional Services

Manufacturing

Telecommunications

Pharmaceuticals

Consumer Goods

Real Estate Development

Management Consulting

E-commerce

Business Process Outsourcing

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Business Development

Research and Development

Product Development

Client Services

Operations

Information Technology

Strategy

Marketing

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Vice President

Managing Director

Sales Director

Regional Manager

Account Executive

Senior Software Engineer

Product Manager

Business Development Manager

Research and Development Director

Senior Consultant

Technical Lead

Department Head

Key Account 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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