Los pactos de exclusividad, y no competencia y su incidencia en la libertad de trabajo.

Abstract

This article presents a doctrinal and normative review of the content of exclusivity and non-competition covenants as a conventional mechanism that allows the employer to give effective protection to the business secret; but which, at the same time, limits the workplaces causing an incidental effect on the employee or dependent. In Ecuador, there is no regulation limiting the content of the covenants, as in the case of Spanish legislation and jurisprudence. The central focus of this study is represented in its approach to the effects of these covenants at the time of termination of employment. Its content includes the study of the elements that delimit these covenants, for the purpose of granting a balance to their content, so that the limitation of rights does not represent an excessive infringement of freedom of labor.