# Help



## pinoy_in_thailand (Aug 6, 2010)

Hi I recently resigned from my employer, after 6 months with them I grew tired of their tactics and system, we are required to work at least 10-12 hours a day even there is not much work load and on this 10-12 hours of work, there is only 1 hour lunch break,my problem is when I started there I was made to sign a contract containing below, I was not given any copy of this said contract. Can someone advise me on this as I plan to work again, is my understanding correct that if ever I want to work again, I need to give my previous employer all details about my new job as stated on No.6? Pls do advise and if anyone is willing to help, I can send the complete contract via email.

I appreciate the help and thank you in advance.


1.	Join a competitor company, be they remunerated or not, and particularly no company whose core business consists of but not limited to similar manufacturing anywhere in the world. 

2.	Shall join any other company in Thailand irrespective of the business type of that company.

3.	Take an interest, direct or indirect, under any circumstances in such a company.

4.	This non-competition agreement is limited to a period of 12 months, starting the last working day. 

5.	In case an employee joins any competitor or joins any company in Thailand, The employee under no circumstances shall offer/ recommend/employ any of the employees of Co. To his/her new company. 

6.	The Employee is fully aware and accepts, in case he would take on a new position during the non-competition agreement, to immediately inform the Company by writing of the name of his new position, company and field of activity.

7.	Violation of this clause will have the Employee pay to the Company a retainer amounting to 18 months of gross salary, calculated on the basis of the compensation mentioned in this Contract, and based on the average compensation received the year preceding the termination of the Contract.

8.	This fee will be paid to the Company by the Employee for each violation of this clause.

9.	The payment of this fee is independent of any other fine that the Company could ask with a view to reparation of the moral or financial damages related to the Employee's new position.

10.	The Employee acknowledges that his commitment is mandatory to preserve the Company and/or any subsidiary's business interests and that the present clause will not prevent him, in any way, to find another job.

11.	Should this clause be considered too wide by a competent jurisdiction, the parties agree that it would then be applied at its widest lawful extend.


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