The grapes of wrath: A comprehensive assessment on the validity and rectitude of post-employment restrictions

• Main Authors: Ocampo, Simon Renzo B., Rocamora, Elden B.
• Format: text
• Language: English
• Published: Animo Repository 2016
• Subjects: Labor laws and legislation > Philippines; Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/18290
• Institution: De La Salle University

The researchers, through examination and analysis, have noticed that there lies a conceived imbalance between an employee's rights and an employer's prerogative in the event of post employment restrictions. The researchers believe that post employment restrictions try to protect the interests of both parties. However, they also believed that this policy is easily bendable to the favor of the employer, due to the fact that employers typically have dominance and control in an employment situation. In an effort to resolve the conceived problem, the authors analyzed all relevant materials regarding the topic including materials containing worker rights such as the 1987 Constitution and the Universal Declaration of Human Rights in order to determine what are the privileges that all workers should be provided with. Furthermore, an analysis of the Labor Code and existing jurisprudence regarding said topic, was conducted to determine the full extent of an employers' prerogative. In conclusion, the conceived problem situation is not as problematic as it seems. The conceived problem is only a product of reading the law at its face value. Initially, it is believed that concept of post employment restrictions is only in favor of the employer, due to its restrictive nature. Through this study, it was proven that it protects both parties.