Cláusula de no competencia y confidencialidad en los contratos de trabajo.

Abstract

The clause of non-competition and confidentiality has been part of the evolution of the legal provisions that regulate the relationship between employer and employee, being currently of greater application in labor relations. One of the main causes of this reorganization, focuses on the increase of competitiveness between various companies in the same market, with more unfair practices. These clauses arose in the employment contract, because of the realities that the company presents: the first one, resides in the hiring of a person to execute a certain job, in which the employer provides confidential information. The second is defined in the risk that their competitive interests can be used by the worker in another company. The company can implement this type of clauses as preventive measures, provided that there is a manifestation of the will of the employer and worker, and that they are in accordance with the law, so that dangerous practices or unfair competition can be avoided, during the term and finalized the contractual relationship. Our Constitution guarantees the right to freedom of work, these clauses can be seen as unconstitutional and abusive to the rights of the worker.