Legislator Case Law & Legislation
I PKN 731/99 AI generated

Short employment period and employee termination do not end non-compete ban before agreed term under Polish law.

Case Number I PKN 731/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
non-compete clause short employment period employee termination guaranteed compensation statutory ban duration Kodeks pracy cassation appeal

Cited Legislation

AI generated
Art. 1012 § 1 Kodeksu pracy
Art. 1012 § 2 Kodeksu pracy
Art. 1012 § 3 Kodeksu pracy
Art. 8 Kodeksu pracy
Art. 30 § 2 Kodeksu pracy
Art. 487-497 Kodeksu cywilnego
Art. 300 Kodeksu pracy
Art. 58 Kodeksu cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego

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