Umowa o zakazie konkurencji po ustaniu stosunku pracy

CONTRACT OF BAN ON COMPETITION

after the expiry of the employment period

 

concluded on 24.05.2023 in/at Warsaw , between

CodeWeavers Inc. in Warsaw, ul. Marszałkowska 123

            , represented by

Jan Kowalski, CEO

the Employer

and

residing in/at

Anna Nowak

ul. Polna 45, 00-600 Warszawa

hereinafter referred to as the Employee.

 

§1

1. After the expiry or termination of his/her employment contract, the Employee pledges not

to carry out any activity which is competitive towards the Employer’s activity as determined

in the statutory documents of the Employer. The following activities are considered as

competitive:

    · being employed by a competitive entity,

    · running a competitive business enterprise on the Employee’s own name or through the

      agency of a third person,

    · remaining in a partnership carrying out business activity which is similar to the one

      carried out by the Employer,

    · acting as an agent, plenipotentiary or proxy of competitive entities,

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    · other activities which are competitive towards the Employer.

2. The Employee also pledges that he/she shall not become employed under an employment

agreement, mandatory contract, a specific-task contract or any other employment basis in

favour of an entity carrying out a business activity which is competitive towards the one

carried out by the Employer.

3. The ban of competition determined in Sections 1–2 shall be binding for the Employee within

the period of 12 months from the date of the

expiry/termination of his/her contract of employment.

4. During the ban of competition period, the Employee is entitled to obtain a remuneration of

PLN 5000 (say: five thousand zloty)

monthly, payable by the last day of every month of the ban of the competition period.

 

§2

In case of reasons justifying the ban to cease, of which the Employer pledges to inform the

Employer, the contract expires and the parties are released from their mutual obligations.

 

§3

1. The Employee obliges himself to keep secret all the circumstances and information

obtained by him in connection with the work carried out by him/her which revealed could

expose the Employer to damages.

2. The Employee especially obliges himself to keep secret all the information concerning the

technology and organization of work as applied by the Employer and the Employer’s way of

carrying business activity and all the confidential data concerning his contractors.

 

§4

1. The Employee obliges himself to pay the Employer the amount of PLN

10000 (say: ten thousand zloty)

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as contractual penalty for violating this ban of competition.

2. The Employer is entitled to seek redress which is higher than the amount of the contractual

penalty.

3. In case of the ban having been violated, the Employer shall be also entitled to seek redress

for illegally taken indemnity as referred to in § 1 Section 5.

 

§5

1. Any disputes possibly resulting out of the fulfilment of this Contract shall be settled by

a proper – in respect of the domicile of the Employer – common court.

2. All and any changes of this Contract must be made in writing for their validity.

3. The Contract has been made in two identical copies, one copy for each party.

 

EMPLOYEE                                             EMPLOYER

 

Anna Nowak                                           Jan Kowalski

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