The DS group has already advanced with 59 lawsuits against former employees for having a clause in the contract that prevents them from working in the same sector for two years. The practice is raising legal questions.
The DS Group – franchising network in the areas of credit, insurance and real estate intermediation – is processing more than half a hundred old employees for alleged employees Breaking of exclusivity clauses and no competition.
According to an investigation from, the company has used these clauses in 59 cases since 2007, which has been raising serious doubts about its legitimacy and the limits of contract application after employees departure.
Fernanda Gonçalves is one of the faces of this conflict. After nine years linked to the group with a store in Setúbal, he was surprised by a claim for compensation of 240 thousand euros. “I had no hypothesis but to continue working. It had a store, employees and fixed expenses, ”he explains.
Ana Pedras, who joined the network for 15 years in Barreiro, also faces a request of 200 thousand euros. Both cases are based on the violation of the contractual clause that prohibits former agents to act in the same sector for two years after the contract ceases.
SIC reveals that this strategy has been systematic, with dozens of former workers to be notified of the processes that require high compensation. The environment in the company is also described as tense, with the processes to be used as a form of intimidation. “They say in meetings how many cases have in court to get scared”Says one employees under anonymity.
The DS group, led by Paulo Abrantes, refuses to make public statements, but confirmed the numbers: 59 actions moved and a total raised of only 250 thousand euros. The company also states that it always tries an extrajudicial resolution with lower values, but does not confirm how much processes have already won and lost.
The legality of the clause in question has been the subject of divergent interpretations by the court. The Supreme Court of Justice Already considered abusive The application of the clause without any payment to former employees for the two years they are prevented from working in the industry where they have experience.
“Notwithstanding the pact of non -competition, no compensation was agreed for the defined period. He can not, in exchange for anything, be tied to a boundary commitment,” said the Supreme, describing the situation as a “endless feather“.
Lawyer Rita Garcia Pereira also stresses that, although legal, the clause is only valid if there are clear and previously agreed financial counterparts.
