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ARTICLE · 14 OCTOBER 2015

Non-Competition Clause In Labor Law

Labor Law defines non-competition clause as an agreement between employee and employer intended to restrict employee's performance of actions on his/her own account or through third parties,

BrazilEmployment and HR

Labor Law defines non-competition clause as an agreement between employee and employer intended to restrict employee's performance of actions on his/her own account or through third parties, in view of strategic and confidential information acquired throughout employment period which represent an unequal competition, such as for example, solicitation of clients after employment contract termination. 

This agreement is normally included in the employment contract, although it may be agreed upon even on termination of the employment relationship.

As there is no specific legislation on the subject, the application and lawfulness of this clause in Labor Law, in the opinion of jurists, is  subject to controversy.

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