ODPŁATNOŚĆ UMOWY O ZAKAZIE KONKURENCJI W CZASIE TRWANIA STOSUNKU PRACY

Summary The non-compete clause for the duration of a party’s period of employment is a familiar feature of Polish employment contacts, and in view of its frequent occurrence has been examined from the legal aspect both by experts on the Polish Labour Code and by the judicature. This paper offers a contribution to the ongoing discussion on the need for the non-compete clause defned under Art. 101 (1) of the Polish Labour Code ( umowa o zakazie konkurencji z art 101 (1) k p .) to be augmented with a statutory payment clause, in consideration both of the contractual nature of the non-compete clause as well as of the constraints it imposes on the principle of an employee’s right to work.