Legislator Case Law & Legislation
III ZP 7/01 AI generated

Non-performance of non-compensation obligation keeps non-compete agreement valid after employment ends.

Case Number III ZP 7/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that a non-compete agreement remains valid and the employee retains a claim for compensation if the employer fails to pay the agreed sum after employment terminates. The court found that the employer unilaterally released the employee from the non-compete obligation but did not address the separate statutory duty to pay compensation for the period of non-competition. Consequently, the court held that without specific contractual clauses allowing such release, the employer cannot avoid the compensation obligation merely by stopping the non-compete restriction.

Legislator headnote

AI generated

art. 1012 § 2 Kodeksu pracy; art. 390 § 1 Kodeksu postępowania cywilnego: A unilateral release by an employer from a post-employment non-compete obligation does not exempt the employer from the statutory duty to pay compensation to the former employee for the period of non-competition, provided the contract lacks specific clauses permitting such exemption.

Keywords

AI generated
non-compete agreement post-employment restriction compensation obligation employer liability unilateral release statutory duty employment contract termination

Cited Legislation

AI generated
art. 1012 § 2 Kodeksu pracy
art. 390 § 1 Kodeksu postępowania cywilnego

Cited Case Law

AI generated

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