Refusal to sign non-compete contract with illegal clauses justifies dismissal compensation under Labor Code.

The Supreme Court partially overturned the lower court's dismissal of the employee's claim for damages. The employee was unjustly dismissed for refusing to sign a non-compete agreement containing clauses violating the Labor Code, after which he started a competing business. The court ruled that since the dismissal was unjustified and the employee had no prior agreement restricting his new activity, awarding damages was not contrary to social norms.