non-competition agreements

CANUCK2

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May 24, 2002
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We have an established, legally registered business in the DR and over the years have encountered a problem with employees going into business in direct competition with us, even though they signed a non-competition agreement as a term of employment. The argument seems to be that the Dominican Republic does not recognize these agreements and there is no way to legally protect ourselves. Is this correct?
Would anyone know how we might find specific law in this regard?
Thanks!
 

Hillbilly

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Jan 1, 2002
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Which is why I went into golf club repair.
1) High class Dominicans don't like to get their hands dirty
2) Low class Dominicans can't read or write and so can't read the manuals or get a credit card to purchace supplies.

So that still makes me the best and almost* only repair guy in the country, HEHE:p

* There is a guy in La Romana, so i heard, that does a good job. American retired,. of course.

HB :D:D
 

HOWMAR

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Jan 28, 2004
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CANUCK2 said:
We have an established, legally registered business in the DR and over the years have encountered a problem with employees going into business in direct competition with us, even though they signed a non-competition agreement as a term of employment. The argument seems to be that the Dominican Republic does not recognize these agreements and there is no way to legally protect ourselves. Is this correct?
Would anyone know how we might find specific law in this regard?
Thanks!
Not only are these agreements null and void as to the employee going into competition with you after leaving your employment, but, in most cases the employee is free to work for your competitor even while working for you. Dominican labor Law specifically says that no agreement between the employer and the employee is valid which limits the employees right to work (Fifth Principle of Dominican Labor Code).
 

hifiman

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Hillbilly said:
Which is why I went into golf club repair.
1) High class Dominicans don't like to get their hands dirty
2) Low class Dominicans can't read or write and so can't read the manuals or get a credit card to purchace supplies.

So that still makes me the best and almost* only repair guy in the country, HEHE:p

* There is a guy in La Romana, so i heard, that does a good job. American retired,. of course.

HB :D:D

Can you fix my driver, it keeps slicing the ball to the left:squareeye
Hifiman
 

Hillbilly

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Jan 1, 2002
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You must be be a left-handed player.

Yes, I can but you'd have to change the head and perhaps your stance. Or take lessons from a pro..

Good Golf MUST have these four things:
1) Proper equipment matched to you and your swing
2) Proper instruction
3) Practice
4) Competition

I can only help you with #1..:p:p

HB :D:D
 

hifiman

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Jul 13, 2005
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No I'm right handed, so I guess that would be a hook.

My hook does correct itself after a few beers
 

Hillbilly

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See? you don't know your left from your right nor a hook from a slice. Tsk, tsk!!:p

Lee Treviño once said: "I like to play with a little slice. You can talk to a slice, but a hook won't listen."

And that can be fixed, too.

HB
 

bob saunders

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hifiman said:
No I'm right handed, so I guess that would be a hook.

My hook does correct itself after a few beers

rotate your grip (both hands) about 1/4 inch to the right(back) and try again, if you are still consistently hooking, move your hands (rotate on the grip)a little farther right and try again. If nother works just aim leaft and your right hook should still leave you in the fairway, but maybe the beers the only thing that'll work for you.
 

hifiman

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bob saunders said:
rotate your grip (both hands) about 1/4 inch to the right(back) and try again, if you are still consistently hooking, move your hands (rotate on the grip)a little farther right and try again. If nother works just aim leaft and your right hook should still leave you in the fairway, but maybe the beers the only thing that'll work for you.

Ha ha thats exactly what I do....sometimes I aim so far to the left my friends get nervous.
But I will try your advice thanks

PS: sorry to the op for hijacking the thread
 

billyidol

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Feb 9, 2004
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hifiman said:
Can you fix my driver, it keeps slicing the ball to the left:squareeye
Hifiman

my balls always hang to the left, as does my driver...im left handed too
 
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Voyager

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HOWMAR said:
Not only are these agreements null and void as to the employee going into competition with you after leaving your employment, but, in most cases the employee is free to work for your competitor even while working for you. Dominican labor Law specifically says that no agreement between the employer and the employee is valid which limits the employees right to work (Fifth Principle of Dominican Labor Code).


Do you know what Dominican Labour Law has to say about a so called "retention clause" in an employment contract?

Such a clause effectively says that the employee can not leave the company until after a certain period of time has passed, typically 2 years.

Can a company force such a clause into an agreement of employment?
 

HOWMAR

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Voyager said:
Do you know what Dominican Labour Law has to say about a so called "retention clause" in an employment contract?

Such a clause effectively says that the employee can not leave the company until after a certain period of time has passed, typically 2 years.

Can a company force such a clause into an agreement of employment?
First, the important point to remember is that any agreement entered into with the employee to alter the "intent" of any provision of the Labor Code will be held null and void.

That said, a Work Agreement can be entered into for a particular period of time only in the following cases:
  1. It is is accordance with the nature of service to be rendered, i.e. you hired a laborer for a specific period of time to paint your house.
  2. It is intended for the provisional substitution of a worker away due to leave, vacation, sickness, etc.
  3. It is in the interest of the employee.
If the situation does not meet any of those exclusions, the Labor Code in Article 15 considers all Work Agreements to be for a period of indefinite time.

The only liability the employee has in leaving you is giving the proper notice. An employee of 3-6 months must give 7 days notice, 6months-1year they must give 13 days notice, 1-5 years they must give 21 days/yr. notice and after 5 years they must give 23 days/yr notice. If they fail to give proper notice they are liabile for the amount represented by this period which may be deducted from their last pay or any liquidation due (i.e. unused vacation, Christmas, profit sharing).

Although I deal in Human Resource issues daily, I am not an attorney. Hopefully Mr. Guzman will answer.
 

Voyager

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Hillbilly said:
Now THAT was a great answer!!

HB :D:D


I agree! Very interesting (and comforting) reply.

In this case, I am the potential employee and I am not too keen on being tied down.
 

ZEUS

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Feb 14, 2003
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Thanks, HB

Thanks, HB. you left your guard down and wide open. Let the best man win. I'm going into the golf club repair business myself.. hehe:chinese:


Zeus (primus inter pares)