An exclusivity clause is any term by virtue of which a worker is restricted from doing any work other than under the work contract.
Context
The Spanish employment agreement contains an exclusivity clause (Art.12) that can be opt-out if the client requests it
What is the exclusivity clause?
The exclusivity clause aims to prevent the Talents from working with a different company/as freelance during the working time of the working relationship with WM/the Client.
The employment agreement contains a 20% compensation that will be included in the total remuneration.
It won't affect the salary of the talent, it only means that 20% of the salary is received as a compensation for fulfilling the exclusivity obligation and will be mentioned on the payslip.
What are the consequences if the client opts out?
By removing this clause, the client expressly understood and agreed that this Agreement does not create an exclusive relationship between the parties. The Talent shall be entitled to perform services with a different company/ /as a freelancer during the working relationship with WM/the Client.
Submitter: Mélanie