Legislator Case Law & Legislation
I PK 16/02 AI generated

Supreme Court allows employer's right to terminate non-compete agreement post-employment under Civil Code.

Case Number I PK 16/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and ruled in favor of the employer regarding a non-compete clause. The court found that while the Labor Code regulates non-competes, the right to terminate such an agreement after employment ends is not fully covered and must be analyzed under the Civil Code. Consequently, the employer's valid right to terminate the agreement prior to the employment relationship ending rendered the employee's claim for damages inadmissible.

Legislator headnote

AI generated

Art. 1012 k.p.; Art. 395 k.c.; Art. 300 k.p.: The right to terminate a post-employment non-compete agreement is governed by the Civil Code if not explicitly regulated by the Labor Code, provided it does not contradict labor law principles.

Keywords

AI generated
non-compete agreement termination right post-employment clause Civil Code application labor law principles

Cited Legislation

AI generated
Art. 1012 k.p.
Art. 395 k.c.
Art. 300 k.p.
art. 1012 k.p
art. 395 k.c
art. 300 k.p
art. 30 § 4 k.p
art. 395 § 1 k.c
art. 45 § 1 k.p
art. 22 § 1 k.p

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