A non-compete agreement, or NCA, is a written contract between an employer and an employee that restricts the employee from working for a competitor or starting their own business that competes with the employer`s business for a certain period of time after leaving the company. The purpose of an NCA is to protect the employer`s trade secrets, confidential information, and customer relationships, as well as to prevent the employee from using the employer`s resources to gain an unfair advantage.
In Poland, non-compete agreements are governed by the Labor Code (Kodeks pracy). According to Article 101 of the Labor Code, an NCA can only be signed if certain conditions are met. First, the NCA must be in writing and include the nature of the obligation, the duration of the restriction, and the compensation to be paid to the employee during the restricted period. Second, the NCA must be necessary to protect the employer`s legitimate interests and not excessively restrict the employee`s professional activity. Third, the NCA can only be signed with employees who have access to confidential information or have significant influence over the employer`s customers or competitors.
The duration of an NCA cannot exceed two years for managers and three years for other employees. The compensation to be paid to the employee during the restricted period must be at least 25% of their average monthly salary for each month of the restriction. If the employer breaches the NCA or does not pay the compensation, the employee can claim damages up to the amount of the compensation.
It is important to note that an NCA cannot prevent an employee from seeking employment in a different industry or working for a business that does not compete with the employer`s business. In addition, an NCA cannot be used to limit the employee`s right to work or to violate their constitutional rights.
In conclusion, a non-compete agreement is a legal tool that can protect an employer`s interests, but it must meet certain conditions and cannot excessively restrict an employee`s professional activity. As a professional, it is important to use keywords such as “non-compete agreement co to znaczy” to optimize this article for search engines and attract readers who are interested in learning more about this topic.
