Non-performance of non-compensation obligation keeps non-compete agreement valid after employment ends.
Legislator summary
AI generatedThe 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 generatedart. 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.