Legal Question Regarding Employment Contract

[KerryBlue]

I live in Thailand and work for a foreign company in Bangkok. My current contract is governed by Thai labor law and the laws of Thailand.

I may have an opportunity in the near future to work for a new company in a similar field of business however I am concerned about the below "Non-Competition" clause in my current contract:

"In the case of the employee resigning from the company, during and for a period of 6 months after the term of employment, the employee shall not without the consent of the company directly or indirectly engage in, deal with, or accept employment, duties or responsibilities in any capacity for any person or entity engaging in Thailand in any similar type of business of the company and/or any business substantially competitive to the company"

I am aware that Thai labor law is normally supportive of the employee however does anyone know if the above could be enforced in a Thai court?

Any other comments or ways to approach this would be much appreciated.

Thanks

[SunbeltAsiaExpert]

In the Kingdom of Thailand "non-competition" clauses are recognized by Thai law. This provision is enforceable for maximum two years. However, its enforceability is subject to certain restrictions. For example, workers who have devoted their lives to a particular line of work cannot be deprived of their livelihood or restricted from applying for a job in their expertise only in one particular field. For example, a licensed lawyer cannot be restricted from working at another law firm due to the number of years that have been devoted to learning and working in law.

In the same way, an employee who has been trained solely for a particular service or field and knows nothing else can be allowed to work in the same field despite a signed contract containing "non-competition" clauses.

However, every provision is entirely dependent on the terms used and, at certain times, on the length of the contract. We highly recommend consulting a law firm to review your contract before making any decision on the matter. It is always best to be safe than sorry.

www.sunbeltlegaladvisors.com