Umowa o zakazie konkurencji

Contract of ban on competition within the employment period

concluded on 2023-10-26 in/at Warsaw , between Example Company Sp. z o.o. in Warsaw , represented by John Smith , CEO hereinafter referred to as the Employer and Jane Doe residing in/at Krakow hereinafter referred to as the Employee.

§1

1. The Employee is obliged 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  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.

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§2

1. The Employee obliges himself to keep secret all the circumstances and information obtained by him in connection with the work employed by him/her and towards which all the necessary steps were taken by the Employer so to keep it confidential, 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.

§3

1. In the case where the Employee does not carry out the duties determined in this Contract, the Employer is entitled to seek redemption in the form of a removal of the damages as per the principles determined in Art. 114–122 of the Labour Code.

2. Notwithstanding the material responsibility determined in Section 1, the Employer is entitled to use disciplinary measures towards an employee violating the stipulations of the Contract and, in justified cases, terminate the employment agreement with notice or without notice by the fault of the Employee (Art. 52 § Section 1 of Labour Code).

§4

Any disputes possibly resulting out of the fulfilment of this Contract to be settled by a proper – in respect of the domicile of the Assignor – common court.

§5

1. All and any changes to this Contract must be made in writing for their validity.

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

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EMPLOYEE                       EMPLOYER

[Signature]                            [Signature]

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