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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 7996
Experience:  Barrister at law
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I would like to hire a Filipino assistant. I would like to

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Hi, I would like to hire a Filipino assistant. I would like to give her a non-disclosure agreement to sign. What jurisdiction should I choose for the contract? UK or Philipines?
JA: Where are you? It matters because laws vary by location.
Customer: London, UK
JA: What steps have you taken so far?
Customer: DURING PROCESS OF CONTRACT PREPARATION
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello, my name is*****’ll do my best to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Can you tell me - is she going to be based in the UK? Do you carry out your business in the UK or the Philippines?

Customer: replied 1 month ago.
she is going to work from home
I'm self employed

I understand. I can obviously only give general pointers, and will do so here:

Parties that are entering into a contract may choose the country whose law applies to that contract. But other mandatory laws may also apply and regardless of what country’s laws an employer chooses for their employment contracts.

If the employment contract terms are contradictory to the employee’s host country, then local laws can prevail in setting the standard.

In your case, you need to check with a Phillipino lawyer to make sure that standard terms in the Philippines are not so contradictory to the UK as to render a UK contract term void.

Ultimately it's probably easier for you to operate under the UK law as you will have both a better access to resources and an understanding of the law if a dispute should arise.

I would suggest you consult with a Phillipino lawyer, as if there is nothing untoward in their mandatory employment laws you can simply elect the UK as the jurisdiction for the agreement.

I hope that this helps.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you

Customer: replied 1 month ago.
ok, how about a management contract
between UK and poland
Customer: replied 1 month ago.
same case?

Yes the same principles would apply - you are free to elect the governing law for the contract but you have to check that local laws don't contradict this.

Customer: replied 1 month ago.
ok thank you

Happy to assist. Take care.

plclegal and other Law Specialists are ready to help you

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter