III PK 60/08
AI generated
Supreme Court voids employer contract clause restricting extra work without real business interest.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's claim for reinstatement. The employee argued that a contract clause requiring employer approval for outside work violated his rights, while the employer contended the clause was valid. The court ruled that such restrictions are void unless grounded in the actual interest of the employer, as they impose obligations lacking legal basis.
Legislator headnote
AI generatedart. 58 § 1 k.c.; art. 300 k.p.; A contractual restriction on an employee's right to engage in additional employment is invalid if it lacks justification in the actual interest of the employer.
Keywords
AI generated
employee duty of loyalty
contractual non-compete
additional employment restriction
employer business interest
invalid contract clause
reinstatement claim
labor law validity
Cited Legislation
AI generatedart. 58 § 1 k.c.
art. 300 k.p.
art. 1011 k.p.
art. 9 § 52 k.p.
art. 398 § 15 k.p.c.
art. 58 § 1 k.c
art. 300 k.p
art. 52 § 1 pkt 1 k.p
art. 233 § 1 k.p.c
art. 100 § 1 k.p
Cited Case Law
AI generatedII PK 160/05
Supreme Court quashes appeal ruling on employee's duty of care regarding business entity vs. employer. Appeal court erred in assuming identical business profiles automatically violate duty of care.
II PK 268/07
Employment contract clause banning non-competing additional work declared void as evading statutory duty.