The Portuguese Competition Authority (AdC) sanctioned Associação Portuguesa das Empresas do Setor Privado e Recursos Humanos (APESPE RH) for adopting, in its Code of Ethics, a non-solicitation (no-poach) clause concerning temporary workers, under which the associated temporary work agencies committed not to solicit temporary workers to change employer.
The investigation conducted by the AdC established that this conduct was maintained on a continuous basis between December 1987 and March 2025.
In February 2025, the AdC decided to open an investigation and, after assessing the evidence gathered, adopted a Statement of Objections in June 2025. In March 2026, following the investigation and the reply submitted by APESPE RH, the AdC adopted a Final Decision finding an infringement and imposing a fine of €4,519,000.
A no-poach decision by an association of undertakings is prohibited (pursuant to Article 9(1)(c) of the Portuguese Competition Act and Article 101(1)(c) of the TFEU), as it limits the autonomy of companies in defining their commercial strategies and directly affects workers by reducing their bargaining power, labour mobility and, consequently, their career progression.