Non-compete, confidentiality and exclusivity clauses (pacto de no competencia)

Key rules

• Post-contract non-compete: It lasts at most 2 years for technicians and 6 months for other workers, and only with a real employer interest and adequate compensation.
• Exclusivity: Full dedication during the contract needs your written consent and fair compensation.
• Stay clause: You can be bound for up to 2 years only if your employer paid for specialised training, in writing.
• Unpaid clauses: A restriction that pays you nothing is open to challenge.

Non-competes after the job ends

A non-compete after the job ends is valid only if all of these are true:

• It lasts at most 2 years for technicians (técnicos) and 6 months for other workers.
• Your employer has a real industrial or commercial interest in protecting itself.
• You receive adequate financial compensation.
• It is agreed in writing.

If one of these is missing, you can challenge the clause. A clause that pays you nothing, or runs longer than the limit, is a warning sign. Courts decide case by case whether the compensation is adequate, so ask a labour lawyer or your union before you sign or ignore one.

Exclusivity during the contract

By default you can work for someone else while you hold your job, as long as it is not unfair competition (concurrencia desleal). That means, for example, taking clients from your employer or using its confidential information.

Your employer can ask for full dedication (plena dedicación), meaning you work only for them. This needs your express written agreement and fair financial compensation. You are never forced to accept it. If you have accepted, you can end the arrangement by giving up the compensation.

Clauses that make you stay

A stay clause (pacto de permanencia) can require you to stay for up to 2 years. It is valid only if your employer has paid for specialised professional training, for example to start a project or use new technology. It must be in writing.

If you leave early, your employer can claim damages set in the agreement. These are usually proportionate to the time you did not serve and the training cost. A court may reduce the amount if it is excessive.

Before you sign

Read the contract and any separate annex for these clauses. Check the length, the payment and the reason given. Ask for changes before signing. Common questions are answered in the FAQ below.

Frequently asked questions

Can my employer stop me working elsewhere during the contract?

Yes, but only if you agreed in writing to a full-dedication (plena dedicación) clause and you receive fair economic compensation for it. Without that clause, you can work elsewhere unless it would be unfair competition (concurrencia desleal). You can end the exclusivity by giving up the compensation.

Can my employer make me stay after paying for my training?

Yes, a permanence clause (pacto de permanencia) can require you to stay up to 2 years, but only if the employer paid specialised professional training and the clause is in writing. If you leave early, the employer can claim damages set in the agreement, usually in proportion to the time not served and the training cost. A court may reduce that amount.

Is a non-compete valid if it pays me nothing?

No, a non-compete after the job ends needs adequate economic compensation to be valid, as well as a written agreement and a real industrial or commercial interest for the employer. Whether the amount is adequate is judged case by case by the courts. Ask a labour lawyer or union before signing if the figure looks low.