Ref. No. II PZP 2/15; Date of decision: 6th May 2015, Supreme Court: Article 23(1) § 1 of the Polish Labour Code shall not apply to the non-competition provisions after termination of the contract of employment (art. 101(2) §2 of the Polish Labour Code) concluded between an employee and another employer. Article 101(2) § 2. The non-competition clause referred to in § 1 shall become invalid before the expiry of the term of the agreement referred to therein, if the grounds justifying the non-competition clause have ceased to exist, or if the employer is in breach of the obligation to pay compensation. Article 23(1) § 1. If an establishment or a part thereof is transferred to another employer, the new employer becomes party to the existing employment relationships by operation of law, subject to the provisions of § 5.
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