LIMITES PARA LA APLICACIÓN DE LA CLÁUSULA DE NO-COMPETENCIA POST CONTRACTUAL FRENTE AL DERECHO LABORAL

Abstract

Post-contractual non-competition clauses are currently a significant element in labor and commercial contracts, as they seek to protect the legitimate interests of the parties involved after the termination of a contractual relationship. This academic work focuses on analyzing the legal nature of these clauses, as well as their practical implications for those involved.The article begins with a review of current legislation and doctrine, which allows identifying the legal foundations that underpin the validity and application of post-contractual non-competition clauses. Furthermore, it examines how such clauses can vary in terms of duration, timing, and geographic scope, taking into consideration the need to balance the employer's rights with the protection of fair competition and the employee's labor rights. Additionally, it explores the importance of drafting these provisions clearly and precisely to avoid ambiguities and legal conflicts, such as the potential violation of constitutional rights.The work concludes by emphasizing the need for a balanced approach in the inclusion of post-contractual non-competition clauses in contracts, considering the legitimate interests of both parties and the limitations imposed by the law. It highlights the importance of seeking personalized and flexible solutions that protect intangible assets of companies without unduly harming employment opportunities and professional development for employees.