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Competitor Clause In My Employment Contract

MunterHunter
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MunterHunter Gold Member

MunterHunter

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I have a question regarding my employment contract. It has a clause that states i am not allowed to go work for any of the (defined) company competitors for 3 years after i leave the company.

I have a recruitment agency that has advised me that this clause is not valid or enforceable under Thai labor law (they are trying to place me in a position they have on their books)

I want to know which is correct, the employment contract or their claim about Thai labor law.

Does anyone have any knowledge or experience about this, or could perhaps give me a link to an English version of the Thai Labor laws?

Thanks in Advance

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kblaze Gold Member

kblaze

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hopefully someone can give you a straight-up answer, unfortunately I can't. However, tread carefully with the agency as they are paid based on you landing another job; meaning they could be deflecting your question in hopes that you don't abandon their services.

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Spoonman Ruby Member

Spoonman

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They cannot stop you from earning a living, if they wish to enforce this they need to pay you to not work for 3 years. this was the answer given to me by the HR dpet here when I queried the same clause in my contract (albeit for a shorter term than 3 years).

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MunterHunter Gold Member

MunterHunter

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Thanks kblaze - that is exactly my concern - the agency will do anything they can to place someone in that position and if they were to lie to me about the clause i doubt there would be any comeback on them... hence my own investigations.

Spoonman - thanks for the comment about your own experiences, I'd like to be able to see the section of the Thai labor law myself or get this question answered by a lawyer before i make any move, so just trying to find out if anyone else had similar experiences

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Soutpeel Star Member

Soutpeel

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They cannot stop you from earning a living, if they wish to enforce this they need to pay you to not work for 3 years. this was the answer given to me by the HR dpet here when I queried the same clause in my contract (albeit for a shorter term than 3 years).

100% correct....if they try and pull this on you...tell them to take you court, it will be in front of the judge for about 30 seconds before he kicks it out

BTW this is not addressed in the labour law, so you dont need to look.

However if you left the company and poached some of their clients, there could be grounds for a case

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