Short employment period and employee termination do not end non-compete ban before agreed term under Polish law.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling awarding a non-compete compensation to an employee. The employee had worked for only three months before resigning, yet the employer argued the non-compete clause should cease immediately. The court held that the statutory non-compete ban remains in force for the full agreed period regardless of the short employment duration or early termination. Consequently, the employee was entitled to the full guaranteed compensation without needing to prove additional damages.
Legislator headnote
AI generatedArt. 1012 § 1, 2, 3 Kodeksu pracy; Art. 8 Kodeksu pracy: A short employment period and subsequent termination by the employee do not terminate the statutory non-compete ban before the agreed term, and the guaranteed compensation is payable without proof of specific damages.