Cláusula de não concorrência no contrato individual de trabalho

Abstract

This monograph aims to study the non-competition clause in the employment contract, which has generated controversy because it is a recurring issue and that there is no device in order that the parental set. The lack of regulation makes use of comparative law, and this is a momentary solution, but that is not the solution of the problem, given that the court decisions are not unanimous, favorable and unfavorable decisions clause. This work seeks to demonstrate the validity of the non-competition clause, shows some devices in the Labor Code, the Civil Code and the Intellectual Property Protection Act that do not specifically address the clause, but that lead to understand the validity and have interest to demonstrate that the non-competition, is an employee of duty, and that its failure demonstrates the failure of the principle of good faith, which guides the general contract and the employment relationship. Some recent court decisions will be analyzed so that an analysis of the two strands can be made, we will cover in this study comparative law, specifically countries of Europe, governing the non-competition clause in the employment contract, we will address the need for regulation of the clause . For a better understanding of the subject, will study basic subjects such as historical formation of the contract, concept, legal, essential elements of the employment contract, contract characteristics, principles governing contracts and apply the labor contract and the employee's duties and the employer