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Free Legal Advice


Butsoy

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hey cdma...

 

hello ms batibut

 

i think i vaguely remember the SC striking down a provision in an employment contract prohibiting the employee from seeking subsequent employment in a "competitive" company for like a year.  if i remember correctly the court held it unreasonable to prevent the employee from looking for employment with competitive companies.  it recognized that it would seriously impair the employee's chances of finding gainful employment if she is barred  from applying for a job within the same industry for a significant amount of time.

 

The test or rather the question is whether, under the particular circumstances of the case and the nature of the particular contract involved in it, the contract is, or is not, UNREASONABLE. There is no inflexible formula for deciding the ubiquitous question of REASONABLENESS.

 

the courts also pointed out that necessarily the employment opportunities that would be immediately available to her would be those related to her previous employment as that would be where she would be most qualified.  i think this case was (obviously) decided based on considerations of equity rather than law.

 

 

Yes, I would say that the case was decided based on equity considerations. A 2 year restriction is generally held reasonable as to duration. And prohibiting an employee from engaging in any business in direct competition with the business of the employer is generally held to be limited as to trade.

 

 

 

 

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I have a problem with my computer.

 

yung browser (internet explorer) po keeps on opening! (without me opening it) wlang tigil ang bukas ng internet explorer, napupuno sya ng IE Windows hanggang sa mag hang sya!  :thumbsdownsmiley:

 

spyware ba ito? or virus? i tried the online scan (BitDefender) madami syang spyware na na detect, then ni-delete ko... but after few days, andoon ulit. (same problem)

 

my OS is Windows 98. Help me please.  :(

 

Thanks!  :*

 

another option is that, try usring trend micro online antivirus remover, works for me then after scan, try to increase the security level of your computer when connected to the internet.

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Internet explorer is still in the system once firefox is installed, they are different browser you can you use them at the same time also.

wow! that was quick reply :cool:

 

i installed firefox as soon i read this message... i thought my IE browser will be discarded. :D

 

i am using Mozilla Firefox browser now! i'm still experimenting with the buttons, but i guess it's ok, coz i'm not seeing pop up ads now.

 

thanks. :thumbsupsmiley:

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another option is that, try usring trend micro online antivirus remover, works for me then after scan, try to increase the security level of your computer when connected to the internet.

 

actually it's still your choice on what to use, IE will be there same as the newly installed firefox.

have fun!

ayoko munang buksan, yung IE browser ko... baka bumalik yung dating problema. :(

 

thanks po. i'll use the Trend Micro scanner. ;) hope it will work on my pc... tapos tsaka ko na gagamitin ulit ang IE browser ko.

 

 

Maraming salamat po sa inyo!!! :* B)

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thanks to you, cdma and batibut!

 

i've got one more question. if there is conflict in the provisions between the civil code and the labor code, which should prevail?

 

@batibut

if you do remember the SC ruling, i would truly appreciate it if you'd lemme know. thanks!

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The Labor Code of the Philippines being a later and specific law should prevail over the provisions of the New Civil Code.

 

Its repealing clause reads in part: "...All provisions of existing laws, oreders, decrees, and rules and reugations inconsistent herewith are likewise repealed.

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thanks to you, cdma and batibut!

 

i've got one more question. if there is conflict in the provisions between the civil code and the labor code, which should prevail?

 

@batibut

if you do remember the SC ruling, i would truly appreciate it if you'd lemme know. thanks!

hey annais. will try to find the title of the case. and pm you the citations for your reference. good luck.

 

hello cdma... :D

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