II PK 95/06
AI generated
Non-compete clause compensation applies only after employment ends, not during continuous employment changes.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's claim for non-compete compensation, ruling that such payments are due only after employment definitively terminates. The court found that since the plaintiff remained continuously employed despite a change in job title, the non-compete obligation had not yet matured. Consequently, the lower court's calculation of damages based on the period before the employment relationship ended was legally incorrect.
Legislator headnote
AI generatedArt. 1012 k.p.; Non-compete compensation is payable only after the definitive termination of the employment relationship and does not apply if employment continues uninterrupted, even if the job description changes.
Keywords
AI generated
non-compete clause
employment termination
compensation entitlement
continuous employment
labor law dispute
Cited Legislation
AI generatedArt. 1012 k.p.
Art. 56 k.c.
Art. 300 k.p.
Art. 398 § 1 k.p.c.
art. 1012 k.p
art. 1012 § 3 k.p
art. 172 k.p
art. 8 k.p
art. 65 k.c
art. 3 k.p