concurrencia desleal

03:36 Sep 29, 2010 

It appears that these terms have similar or synonymous meanings. According to my legal dictionary (Enrique Alcaraz Varó), "unfair competition" can mean "competencia desleal o injusta, concurrencia desleal o inequitativa). Perhaps a key would be to find out which term, if any, is most frequently used in terms of employment policies and clauses preventing employees from working for the competition. - Nikolaj Widenmann

03:26 Sep 29, 2010 

Based on this: http://es.wikipedia.org/wiki/Pacto_de_no_concurrencia

I don't think this is a back translation.

01:12 Sep 28, 2010 

Absolutely - perhaps this is a back-translation? Often used to check the accuracy of M/T or a new contract translator.

22:40 Sep 27, 2010 

con Rosa, sin duda..., :)

22:29 Sep 27, 2010 

I think you're translating a bad translation inot Spanish.
Please note "mientras la vigencia del presente contrato" should be "durante la vigencia del presente contrato", "concurrencia desleal" should be "competencia desleal".

22:07 Sep 27, 2010 

Upon Diccionario de Términos Jurídicos by Enrique Alcaraz Varó and Brian Hughes, "unfair competition" does appear as the translation for "concurrencia desleal", so that is definitely a possibility. Note also how concurrencia desleal is defined on the following page (if you can stand the background color): http://www.derechocomercial.edu.uy/RespComte66.htm. -

Good luck. I should probably be getting back to my own translation project

- Nikolaj

21:57 Sep 27, 2010 

"Unfair competition" had occured to me as a possibility but I thought that this use of concurrencia referred more to its sense of "simultaneity" and so therefore to the holding of more than one job, but perhaps "unfair competition" is correct, although I note WTSTranslations's comment. So, the company only objects to work which may constitute unfair competition to them, but is indifferent to the employee carrying out other work? Full context is: "El trabajador no podrá, mientras la vigencia del presente contrato, prestar servicios a sector económico alguno ni celebrar contrato de trabajo con otras empresas en ningún sector, ni trabajar por cuenta propia ni en asociación con otro u otros, que pueda estimarse concurrencia desleal con XXXX". Note that it does seem to be talking about carrying out work while under contract, not after the contract has terminated.

21:54 Sep 27, 2010 

Your definition is perfectly correct, but it is also unfair competition where an employee (or can be an independent contractor) is bound by a non-competition clause in his/her contract and then leaves that employment and enters into an activity in direct competition with the previous employer. These clauses provide alot of work for employment lawyers as the Courts can deem them unfair in certain circumstances.

21:40 Sep 27, 2010 

I may be wrong, but it is my impression that unfair competition rather refers to "dishonest or fraudulent rivalry in trade and commerce", such as false advertising and using/counterfeiting the characteristics/brand of a competitor's product (Black's Law Dictionary). Black's does not correlate this with working for the competition -- but then again, I'm not a lawyer.