May 21 2025, 10:03 AM
Many say must follow the contract but in Malaysia, this is not enforceable. Some more resourceful company may threaten LOD and ask to see you in court but you can just reply this section as per above poster said :
QUOTE
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.
I'm in a business where poaching and joining competitors is very common. All the time this clause is to scare the ignorant, but the really capable ones will just join the competitor. Till today no one was legally sued for breaching this non-compete clause.
Some will threaten saying they will sue under trade secrets act but it's extremely hard to prove unless you blatantly download some secret formula or specs sheet and blatantly hand it to the competitor.
This post has been edited by Mixxomon: May 21 2025, 10:04 AM
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