Tag: lojaka pracownicza

What is a loyalty clause to the employer?

The clause regarding the employee’s obligation to maintain confidentiality as to information obtained in connection with employment is in colloquial language the so-called “lojalka.”

It results from art. 100 § 2 point 4 of the Labor Code, according to which “an employee is obliged in particular to care for the good of the workplace, protect his property and keep secret information whose disclosure could expose the employer to damage”.

In the judgment of 11 September 2014 (reference number II PK 49/14), the Supreme Court stated that the creation by the employee on a private electronic medium of a collection of confidential information illustrating the current and planned commercial contacts of his employer (having a measurable economic value), which is not justified by the performance of employee obligations, is a deliberate violation of the employee’s basic duty to care for the good of the workplace and protection of his property (article 100 § 2 point 4 of the Labor Code) and the use of someone else’s information constituting a trade secret (article 11 (1) of the Act on combating unfair competition).

Such disloyal behavior may justify termination of the contract without notice. When analyzing employee behavior, emphasis should be placed not so much on the culpable (non-guilty) or legal (unlawful) nature of his behavior, but rather on his loyalty to the employer.

Therefore, even if a non-disclosure agreement or non-competition agreement has not been concluded with the employee, certain employee activities for the benefit of competitors or undertaking their own activities competing with the activities carried out by the employer may be assessed as a breach of the duty to care for the good of the workplace.

It is worth remembering that every employee infringement must be proved, because the Labor Court decides only on the basis of evidence submitted by the parties during the trial. Moreover, even dismissal of an employee does not justify the reduction of remuneration, in particular for overtime or night hours.

KSJ Legal Law Firm successfully conducts labor law cases, including those regarding unjustified or fictitious termination of the employment contract. We advise at every stage of the proceedings, from the preparation of a legal opinion to obtaining a final decision before the court of second instance.

Attorney-at-law Joanna Susło

KJS Legal Kancelaria Adwokacka – Law firm in Wrocław

Tel. 668-841-990

[email protected]

Advocate – Wrocław – Labour law

Competitive activity against the employer

There is no definition of legal “competitive activity” in the Polish Labor Code, which is why the meaning of this concept is best sought in practice – ie court rulings. According to the judgment of the Supreme Court of September 12, 2008. (file reference number I PK 27/08), only the employee’s activity, which is actually carried out by him, is addressed to the same group of recipients, even if it partly overlaps with the employer’s activity and actually threatens his interests. Therefore, only activities that violate or threaten the interests of the employer are prohibited.

Dealing with competing interests is therefore synonymous with activities undertaken for profit or participation in projects or commercial transactions whose effects relate (or potentially may apply), even partially, to the same group of recipients. Undoubtedly, the scope of prohibited competitive activities should be specified in the employment contract or in the additional contract, the so-called non-competition agreement / agreement.

It is assumed that under the “freedom of contract”, the parties should, in the context of the non-competition clause, specify in writing the scope

– subject (what is prohibited?)

– subjective (who cannot be sent to a competitive offer?)

– temporary (when you cannot compete? Is the non-competition obligation only during working hours or outside of it?) and

– territorial (where cannot I compete? Does the non-competition clause only apply to the place where the employer’s registered office is located or to a wider area?).

KSJ Legal Law Firm successfully conducts many matters in the field of labor law, including those related to competitive activity and the so-called employee loyalties. We advise at every stage of the proceeding, starting from an attempt to resolve the case amicably to obtaining a final decision and execution before law enforcement authorities.

Attorney-at-law Joanna Susło

KJS Legal Kancelaria Adwokacka – Law firm in Wrocław

Tel. 668-841-990

[email protected]

Advocate – Wrocław – Labour Law in Poland