Problematyka umowy o zakazie konkurencji w czasie trwania stosunku pracy oraz po ustaniu stosunku pracy – wybrane zagadnienia
The issue of competition clauses in employment contracts and after termination of the employment relationship

Summary/Abstract: The Act Labour Code provides for the possibility of concluding an agreementbetween the employer and the employee, which concerns a non-compete. Thus, thisagreement can be concluded during as well as after the termination of the employmentrelationship. In particular, it concerns the obligation of the employee to refrain fromcompetitive activities conducted on his own and third party’s account.The aim of this article is to analyse the current legal regulations in the contextof rights and obligations of employees and employers against the background of thediscussed institution. Particular attention is also paid to the scope of protection of theemployee if the discussed agreement was concluded after the termination of the employ-ment relationship. The author of the work has also examined the legislative changesagainst the background of the institution in question, due to special solutions introducedby the Act of 2 March 2020 on special solutions relating to preventing, counteractingand combating COVID-19, other infectious diseases and crisis situations caused by them.Undoubtedly, the signing of a competition clause during the employment rela-tionship gives the entrepreneur a sense of confidentiality of the information concer-ning the workplace run by him. On the other hand, when it is concluded after thetermination of the employment relationship, the employee obtains positive effects inthe form of compensation.

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