There you go. You have the issue, the cause and the consequences, all in one incomplete sentence.


Yes, of course it's applicable in Malaysia. Non-competitive agreements are applicable everywhere.

If you think it's not right, why did you agree to it & sign the contract?

No, you don't have to be a janitor. But you cannot be employed by a firm that competes with your current firm. So if you're in a Big 4 firm, you can join another Big 4 because it's obvious they are competitors. Most probably the second tier firms as well because they compete in the same field. So join a smaller firm which doesn't compete for the same jobs. Or join a company outside the auditing line altogether. There are many things you can do, you just can't join a competitor.

No, an auditor can be an accountant, work in a bank, work as an internal auditor in a company etc etc.

To void a non-competitive contract, you have to show that your livelihood is reasonably threatened by the reasonable application of the contract.

If he can earn a reasonable living as anything else besides an auditor in a competing firm, the contract is not unconscionable.

In my opinion, there's no loophole. Sounds like it's clearly written and you've signed it. And there's tonnes of jobs an audito can do besides joining a competitor. Looks clearcut to me. You simply have to decide whether they will sue or won't sue if you go ahead to join a competitor. Alternatively, you can try to negotiate to compensate them to release you from the contract.

Do you already have your audit license?

Ohhh... I thought you were a public accounting auditor. They need licenses from the Ministry of Finance.

ISO auditors... no need license lah since ISO is not a regulated by any statutory body. It's basically just a private activity that companies choose to do.

This post has been edited by seantang: Feb 9 2010, 10:44 PM