yup..im a registered ISO 9001 auditor with IRCA. to maintain it i have to do a number of audits in a year.

It is not enforceable if the restriction is too wide. If you're an auditor, and you're not allowed to get a job as an auditor in any other company, then you an never leave your current job. Ever. Until the day you retire. Unless you can afford to take a 2 year break.

It needs to be interpreted much more narrowly than that. An auditor needs to be able to change jobs, without retraining as a doctor.

The restriction also needs to be view from the point of view of the employer. The terms says you cannot work for a competitor of your employer. Not that you cannot work for any firms offering auditing services. There has got to be more than 11 companies in Malaysia doing auditing. Perhaps they are much smaller.

The point of the restriction is to prevent you bring trade secrets to a competitor or bringing your clients along.

I think the main problem is TS has been offered a job at a competitor of his present employer. One of the few the non-compete agreement is specifically aim at. He's phrasing the question in such a way as to show how absurd this restriction is (sorry to be so blunt).

Unless you've specialized to such a degree that the part of auditing you've focussed on is so narrow, it's only possible to get any job in one of those 11 companies, it'll be very difficult for you to get it set aside, and go work for one of the competitors.

Registered ISO 9001 auditor with IRCA - I believe the restriction is narrow enough to enforce the non-competitive agreement. There are not many company offering ISO certification in the market. Knowing the company's pricing strategy or modus operandi for securing a contract is enough for the employer to seek a court action.

This is just my personal opinion:"Screw them".

As for the potential benefits or consequences i'm sure you know, but for me I definately am not going to waste 2 years doing something else.

Possible solution: Inform the competitor's HR of the contract clause and perhaps ask them to come up with a job description that highlights some 'specialized' task/work or whatever.

Oh and by the way, the contract clause states South East Asia? What if the job description states: To serve clients in Global locations/Other regional locations?

So, im supposed that im stuck here forever? the competitor im joining put 6 months period of restrain of trade which to me is quite accepteble.

However, i have a discussion with the GM from another department yesterday. He said, where im going is not a problem be it a competitor or not. As long i remain professional and did not disclose any confidential information bout the company. Does not mean that after two years can talk bad bout your past employer, revaeal all the secrets, approach the clients and all that. Im too nice to do all that  .

Any feedback on this. Takutlah macam ni.... 

I am resigning from my job this month as i get a good offer from a competitor to my current employer. I never realized that the employment contract i signed 5 years ago stated that i cannot join a competitior in south east asia for two years. so, i e-mailed Jabatan Tenaga Kerja Malaysia regarding this matter and this is what they replied:-

"syarat yang dikemukakan oleh majikan tuan adalah syarat biasa yang dikemukakan oleh kebanyakan majikan. Jika telah dinyatakan dengan jelas dalam surat perlantikan tuan dan tuan telah menandatangani surat perlantikan tersebut, maka tuan adalah tertakluk pada syarat tersebut. Majikan tuan boleh mengambil tindakan mahkamah terhadap tuan sekiranya tuan melanggar syarat tersebut. Tuan juga perlu manandatangani surat sampingan sekiranya diperlukan."

Any feedback on this. Takutlah macam ni.... 

Hi,

How you solve it end up? Does formal employer have right to restrict you work in same client?
What if after you joined the new company, they send you work for same client?
You just perform duty on new company. Does formal employer have right to do so?

Generally, in Malaysia, post-employment non-compete clauses in employment contracts are considered void and unenforceable under Section 28 of the Contracts Act 1950. This section states that any agreement that restrains someone from exercising a lawful profession, trade, or business is void to that extent.