Poland: non-competition clauses better supervised

Following the Supreme Court's successive rulings, Poland revised the bases of the 'non competition clause", notably when it follows the cessation of business relations. The main changes are described below. (Ref. 070286)
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In Poland, there are three situations in which the non-competition clause apply : resignation, dismissal and retirement. In the last case, its application can run until the person concerned dies.

  • Since the Polish Labour Code does not define what competitive activity is, it thus has to be defined and mentioned in the labour contract. On no account can the employer require from the employee that he or she commits to not perform another activity than the one it is performing for the employer.
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