Residence transfer to competitor company

I transferred my wife’s residence from Article 22 (dependent) to Article 18 (work permit) last year. She has been working with a company for the last one year. Now she has a better opportunity. She has resigned, giving the company a 3-month notice. Now the company is refusing to transfer her residence saying that she can’t join a competitor. There was no mention of such a thing in her contract. What shall we do?

Name withheld

Answer:
The company is right but this matter has to be decided by the Ministry of Social Affairs and Labor and not the company.
The company can request the Ministry not to allow your wife to join a competitor for two or three years. It can also request the Ministry not to give you a new work permit of a rival competitor for a similar period.
So the case has to go to the Labor Office in your area but it is most likely to be decided against your wife.
 

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Comments
file caseSrivi | 11/10/2011 10:54:59 PM if you are not satisifed with your company or shoun, you can file case in court. Court will decide, contract terms and conditions of transfer.
What if Not A competitor Co.Maria Manalang | 10/30/2011 1:20:04 PM What if she is transferring to a different nature of business like not a competitor co? is she allowed to transfer w/o problem or still the same situation?..
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