I PK 603/03
AI generated
Supreme Court allows employee to waive non-compete compensation if tied to termination of the non-compete obligation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland partially allowed the employee's appeal regarding the validity of a settlement waiving non-compete compensation. The court found that while such waivers are invalid if the non-compete restriction remains, they are valid when the waiver is linked to the employee's release from that obligation. Consequently, the court reversed the lower court's ruling and ordered the employer to pay the employee's legal costs.
Legislator headnote
AI generatedArt. 1012 § 1, 3 k.p.; Art. 18 k.p.; Art. 58 k.c.; An employee may validly waive compensation for a post-employment non-compete agreement if such waiver is connected with the release of the employee from the non-compete obligation, but not if the obligation persists.
Keywords
AI generated
non-compete agreement
waiver of compensation
termination of obligation
validity of settlement
employee release
art 1012 k.p.
art 18 k.p.
Cited Legislation
AI generatedArt. 1012 § 1 k.p.
Art. 1012 § 3 k.p.
Art. 18 k.p.
Art. 58 k.c.
Art. 393 § 15 k.p.c.
art. 917 k.c
art. 18 k.p
art. 1011 § 1 k.p
art. 1012 § 1 k.p
art. 65 k.c