Consulting Agreement In Polish

A competitive activity with an employer is that of a self-employed worker (as an entrepreneur) or a third party (wage earner or contractor, etc.) when these activities correspond at least in part to the employer`s field of activity. This applies as well to the manufacture of goods or services of the same type as to goods and services related to those of the employer that can replace them (replacement goods or services). The non-competition agreement should clearly define the types of activities prohibited against the worker and the geographical area where the prohibition applies. As with other forms of employment, the principle of freedom of the treaties of the Civil Code applies. There is no legal basis for the application of labour code solutions for civil law. Supreme Court decisions consistently accept the admissibility of a contractual non-competition obligation after the termination of a service contract (including the self-employed). It is possible to impose a non-competition clause without compensation and even with the obligation to pay contractual penalties in case a person does not comply and is subject to a ban after the end of the contract, in accordance with the Civil Code. Supreme Court decisions tend to restrict the contractual freedom of non-competition clauses without compensation when the parties are employed under a civil contract. It points out, for example, that the obligation in principle not to resort to “unfair competition” for a period of three years after the expiry of the treaty is not in line with the principles of social coexistence if the ban does not provide for compensation. Contractual obligations are specific obligations arising from contracts and, in some cases, unilateral declarations.

Polish law accepts two other forms of agreement: negotiations and auctions. They can be either oral or written. Public statements can also be considered binding. The agreement that prohibits a competitive activity after the termination of the employment relationship without financial compensation is valid, but is automatically replaced by compensation guaranteed by the labour code, i.e. at least 25% of the remuneration received by the worker before the termination of the employment relationship for the period covered by the non-competition agreement which is not considered employment income, so that only DEA contributions are deducted. There are doubts as to whether 25% should be calculated on net or gross remuneration, so it is advisable to include a certain amount in the contract, since the case law does not explicitly explain this issue. If you want to enter into an agreement with a Polish company or enter into different types of contracts in Poland, our lawyers can help you defend your interests for your company. Contact our lawyers in Poland for more information. If you plan to work under the B2B agreement, these are the five and a half steps you need to take to become a B2B contractor in Poland. This means that a staff member is not able to engage in competitive activity for a specified period of time.

The prohibition of the exercise of a competition activity should concern the basic activity of the employer, as defined in the law or in the provisions of the statutes, statutes or agreements which, therefore, define the unit as a non-competition clause, must not contain provisions that would oblige a worker not to undertake activities that do not affect the activity of the employer. Experts recommend that the relevant PKD codes (Polish statistical classification of economic sectors) be included in the contract with the worker in order to avoid future confusion. If the activity is extensive, it is recommended to attach the contracts. In the event of a dispute with a contractor, particularly with regard to dismissal and/or parental leave, contractors may ask the labour court to reschedule the debt into a labour code contract.