Supreme Court allows non-compete clause post-employment despite single-signatory execution by employer.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court allowed the cassation appeal, remanding the case for a new first-instance judgment. The plaintiff sought damages for a non-compete agreement signed after employment ended, arguing the employer's single-signatory execution violated corporate representation rules. The Court held that the validity of the labor relationship and the specific terms of the employment contract established the binding nature of the post-employment non-compete obligation. Consequently, the Court ruled that the employer's procedural defect in signing the non-compete agreement does not invalidate the clause if the underlying labor relationship existed and the employee complied with the restriction.
Regeste Legislator
Généré par l'IAArt. 65 k.c.; Art. 354 k.c.; Art. 1012 k.c.; Art. 300 k.p.c.: A non-compete agreement concluded after employment termination remains valid and binding on the employee if the underlying labor relationship existed, even if the employer's corporate representative requirements were not strictly met for the post-employment clause.