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.
Non-compete in Poland - key facts:
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Maximum period of non-compete in Poland?
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No explicit limit - restricted by "reasonable
term"
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Is compensation for non-compete mandatory?
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Compensation is mandatory for non-compete after lapse of
employment relationship
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What is the minimum compensation?
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Minimum compensation is of 25% of previous remuneration
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Can non-compete be included in the employment
contract
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Only - non-compete after lapse of employment relationship must
be concluded in separate contract - otherwise null and void
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Is it permissible to establish non-compete without
compensation in management or B2B contract?
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In principle - no. However, in exceptional, justified
circumstances the court may allow non-compete without
compensation. |
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