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Rescission of Non-Competition Agreement

Written by
Raczkowski largest boutique firm focusing on HR law.
Update on Polish case law on non-competition agreements

An employer can rescind a non-competition agreement at any time without giving a reason. This is possible under the condition that the agreement contains specific language providing for such right. It used to be believed that such right could only be exercised prior to the end of employment (ruling of Supreme Court of 8 February 2007; II PK 159/06). According to a recent ruling (4 February 2009; II PK 223/08), the time period to exercise this right can even extend until the expiration of the non-compete.