Legislator Case Law & Legislation
I PKN 121/98 AI generated

Non-compete agreement liability persists even if former employee does not compete after employment ends.

Case Number I PKN 121/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against his former employer regarding a non-compete agreement. The court found that the employer remained bound to pay agreed compensation for one year after the employment relationship ended, as no separate agreement was finalized to terminate the non-compete obligation. Consequently, the employer's claim that the employee did not compete was rejected because the employee's response to a press announcement did not constitute actual competitive activity.

Legislator headnote

AI generated

Art. 300 Kodeksu pracy; Art. 487-497 Kodeksu cywilnego: An employer remains liable to pay agreed compensation under a non-compete agreement even if the former employee does not engage in competitive activity after the employment relationship terminates.

Keywords

AI generated
non-compete agreement employment termination compensation liability employee competition civil code provisions labor law dispute cassation appeal

Cited Legislation

AI generated
Art. 300 Kodeksu pracy
Art. 487-497 Kodeksu cywilnego
Art. 494 Kodeksu cywilnego
Art. 8 Kodeksu pracy
Art. 393 1 pkt 2 Kodeksu postępowania cywilnego
Art. 393 12 Kodeksu postępowania cywilnego

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