I PKN 6/01
AI generated
Supreme Court dismissed cassation, ruling that employer must pay compensation for non-compete even if competition risk ended.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employer against a lower court's award of compensation to a former employee. The court held that the employer remains obligated to pay compensation under the non-compete agreement even after the risk of competition ceased due to the employee's illness. Consequently, the agreement was deemed valid and binding, requiring the employer to fulfill the financial obligation for the full two-year period.
Legislator headnote
AI generatedArt. 495 § 1 k.c.; Art. 1012 k.p.: The Civil Code provision on compensation for non-performance does not apply to non-compete agreements governed by the Labor Code, and the employer's obligation to pay compensation persists even if the reasons justifying the ban have ceased.
Keywords
AI generated
non-compete agreement
compensation obligation
Labor Code provisions
cessation of competition risk
cassation appeal dismissal
employer liability
contractual termination
Cited Legislation
AI generatedArt. 495 § 1 k.c.
Art. 1012 k.p.
Art. 1011 k.p.
Art. 1013 k.p.
Art. 3931 § 2 k.p.c.
art. 495 § 1 k.c
art. 1012 k.p
art. 1014 k.p
art. 300 k.p
art. 224 § 1 k.p.c