John JonasOwner, OnlineJobs.ph · Scale Your Business with Filipino VAs

Enforcing an NDA With Your OFS #ytshorts

20 Sept 2023 · 1 min

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Short YouTube short (John Jonas) advising employers hiring in the Philippines that NDAs and employment contracts are difficult to enforce from U.S. jurisdiction. To enforce, employers generally must rely on Philippine law or litigate in the Philippines; however, NDAs can still influence behavior even if legal enforceability is limited.

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So for the Philippines, I get asked all the time to provide an NDA or an employment contract or something like that for employers hiring people in the Philippines. And along with this, they also often ask, can you enforce a contract? And sometimes I'm the one who asks, can you enforce a contract? And the short answer is really no. So from our perspective, any contract that involves people outside of US Jurisdiction, you don't really have any any right over those people in what they signed. So if you want to enforce the contract, you have to go to the Philippines to enforce it, or you have to enforce it under Philippines law. To me, the NDA doesn't carry a lot of weight in terms of enforceability, but it does carry a lot of weight in terms of how someone will behave because they signed that NDA.