Legislator Case Law & Legislation
II PK 204/04 AI generated

General clauses or loss of purpose cannot strip employees of valid non-compete compensation rights without legal misconduct.

Case Number II PK 204/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's dismissal of the employee's claim for non-compete compensation. The employee had signed a valid non-compete agreement but was later unilaterally released from it by the employer after the employment relationship ended. The court held that general legal clauses or the disappearance of the original business purpose cannot deprive an employee of rights from a valid contract unless the employee committed acts clearly contrary to law or social norms.

Legislator headnote

AI generated

Art. 8 k.p.; Art. 58 § 1 i 2 k.c.: General clauses or the loss of the purpose for which a post-employment non-compete agreement was concluded cannot lead to the deprivation of an employee's rights from a validly concluded agreement, unless the employee can be charged with acting contrary to law or social norms.

Keywords

AI generated
non-compete agreement post-employment restrictions compensation claim general clauses social norms unilateral termination labor law

Cited Legislation

AI generated
Art. 8 k.p.
Art. 58 § 1 i 2 k.c.
Art. 393 § 13 k.p.c.
art. 8 k.p
art. 1012 k.p
art. 3571 k.c
art. 3531 k.c
art. 300 k.p
art. 1012 § 2 k.p
art. 89 k.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text