Limits, alienation and post-contractual non-compete clause. Questions from the notions of subordination and dependence

Abstract

Post-contractual non-competition clause proves to be one of the most evident fruits of a flexibilization process that exploits the private logic of autonomy of the will in order to justify itself within the labor legal framework. This existing scenario presents for the classic categories of Labor Law, especially subordination, a challenge in order to sustain a tutelary and coherent standard according the essentiality of the system. This paper proposes a differentiation of the notions of subordination and dependence, seeking to extend and justify an objective and subjective extension of Labor Law protection to areas beyond a prevailing employment relationship.