The worker’s duty not to unfair competition

Abstract

The present study analyzes the prohibition of unfair competition of the worker, based on its regulation in the Workers’ Statute and the jurisdictional treatment. We examine the configuration of the duty of good faith in compliance with contractual obligations and within the framework of the employment contract, together with the violation of contractual good faith and abuse of trust, as premises to address the worker’s unfair competition as a case of violation of contractual good faith, distinguishing between direct and indirect competition. Unfair competition during contract suspension or periods of absence, as well as cases of creation of competing companies, also deserve special attention. All of this makes it possible to delimit the unfair participation of the worker in the face of the violation of the full dedication agreement, since both situations cannot be identified automatically. We then analyze the full-time agreement, with special attention to its compensation and its breach. This is followed by a distinction between unfair competition, as configured by the legislator, versus the violation of the regulations on incompatibilities, with special attention to public sector workers. We conclude with a conclusive assessment, outlining some reflections on the importance of the figure, added to possible improvement actions, with the necessary help of collective bargaining. Aware of the future expansion of the manifestations of unfair competition, with the foreseeable increase in its complexity in the face of its diagnosis and treatment, consistent with the evolution of business reality, together with the “destabilizing” influence of other factors such as new technologies, with special mention to artificial intelligence.