A non-competition agreement, also known as full-time agreement, is an agreement between a company and a worker. Under this agreement, the worker cannot provide services for another company, regardless of whether or not it belongs to the same sector.

This agreement is generally lawful, although it has legal limits. It must be accepted by both parties and the employer must pay adequate compensation to the worker.

The agreement comes into force immediately after the beginning of the contractual relationship or from the signature of both parties if the agreement is made after the beginning of the employment relationship.

Contenido

Este pacto puede generar conflictos debido a la existencia de contratos con terceras empresas, y las empresas no pueden limitar la capacidad de promoción del trabajador. Para resolver este problema, esta cláusula contractual solo será aplicable si el trabajador recibe una contraprestación en concepto de indemnización. En caso de que el trabajador incumpla el pacto, deberá reembolsar la cantidad abonada por este concepto.

Spain

The non-competition agreement is regulated by Royal Legislative Decree 2/2015, of October 23, which approves the consolidated text of the Workers' Statute Law "Workers' Statute (Spain)"), in force in Spain.[1]​.

Mexico

Non-competition agreements are not expressly regulated in the Federal Labor Law, but the Supreme Court has recognized that these agreements can be valid if they do not violate workers' constitutional rights, such as the right to freedom of work.

USA

Regulation varies from state to state. In some states like California, non-compete agreements are virtually void for employees. In other states, such as Texas or New York, they are valid if they are reasonable in time, geography and compensation.

European Union

Non-competition agreements must be justified by business interest and have clear limitations in terms of time and space. Additionally, they must provide compensation to the employee.