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Reservation of a condition precedent in the non-competition clause after termination of employment

04.01.2021

The issues related to the non-competition agreement used to be the subject of the jurisprudence of the Supreme Court. The Supreme Court also referred to this acquis in the discussed judgment, pointing out that the termination of a non-competition agreement before the period for which it was concluded is permissible in accordance with the general rules on termination of contracts. This means, inter alia, that in the non-competition agreement, the parties may establish circumstances that would result in early termination of the contract, including, for example, one of the parties exercising the right to terminate the contract or withdraw, or the fulfillment of a termination condition – Kinga Polewka and Patryk Kozieł comment on the key case law in the field of labor law for ius.focus.

Article: here.