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ARTICLE · 16 MARCH 2023

Non-compete Clauses And Agreements In Poland

Non-compete agreements or non-compete clauses are usually concluded with management staff, senior staff or employees/contractors operating in a specific industry, e.g. IT, high-tech, legal, finance.

PolandEmployment and HR

Non-compete in Poland - key facts:

Maximum period of non-compete in Poland?

No explicit limit - restricted by "reasonable term"

Is compensation for non-compete mandatory?

Compensation is mandatory for non-compete after lapse of employment relationship

What is the minimum compensation?

Minimum compensation is of 25% of previous remuneration

Can non-compete be included in the employment contract

Only - non-compete after lapse of employment relationship must be concluded in separate contract - otherwise null and void

Is it permissible to establish non-compete without compensation in management or B2B contract?

In principle - no. However, in exceptional, justified circumstances the court may allow non-compete without compensation.

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