In Poland, a non-compete agreement (umowa o zakazie konkurencji) is regulated by the Labour Code. A clause in an offer letter is not enough. A post-employment non-compete must be in writing and must be paid for.
If the agreement does not meet the statutory requirements, it is void or cannot be enforced. This guide explains what a valid non-compete needs, what it costs and how to end it early.
Key facts
- Written formSigned by hand or with a qualified electronic signature, or it is void
- At least 25%Of the employee’s pay, for every month the ban lasts after employment
- 6 to 12 monthsTypical post-employment duration. The law sets no maximum
- No extra pay during employmentA non-compete that applies only while employed can be unpaid
- PIT, no ZUSCompensation is taxed but generally free of social security contributions
- Stop paying, lose protectionIf you stop paying, the employee is released from the ban
Two types of non-compete
| During employment | After employment | |
|---|---|---|
| Who it can apply to | Any employee | Only employees with access to particularly important information |
| Compensation | Not required | At least 25% of pay for the length of the ban |
| Form | Written, or it is void | Written, or it is void |
| Consequence of a breach | Damages, and possible dismissal | Damages or a contractual penalty |
Most employers use one agreement that covers both periods. It is usually signed as a separate document alongside the employment contract.
Requirements for a valid post-employment non-compete
1. Access to particularly important information
The ban can only apply to employees who have access to information whose disclosure could cause serious harm, such as trade secrets, client data, pricing or source code. It is hard to justify for junior or purely operational roles.
2. Written form
The agreement must be signed on paper or with a qualified electronic signature. An email exchange, a scanned signature or a click-to-accept is not enough, and the agreement will be void.
3. A defined duration
The agreement must state how long the ban lasts. There is no statutory maximum, but most agreements run for 6 to 12 months. Longer periods are harder to justify and more expensive.
4. A defined scope
Describe the restricted activities, such as named competitors, a sector or specific services, and where relevant a territory. Vague bans on working anywhere in an industry are often challenged.
5. Compensation
This is where foreign employers most often go wrong. A post-employment non-compete in Poland must be paid for. Leaving compensation out of the agreement does not avoid the cost, because the employee can still claim the statutory minimum.
What it costs
| Item | Rule |
|---|---|
| Minimum compensation | 25% of the pay the employee received before leaving, for a period equal to the length of the ban |
| Payment | Usually in monthly instalments during the ban. A single payment is also possible |
| Tax | Subject to income tax (PIT), generally exempt from social security (ZUS) |
| Higher amounts | Allowed. Paying more than 25% makes the agreement easier to defend |
Enforcement and contractual penalties
A non-compete is only as strong as its enforcement. We recommend a contractual penalty (kara umowna) in the post-employment agreement. It lets you claim a pre-agreed sum if the employee breaches the ban, without proving the exact value of your loss in court.
- Keep it proportionate. A court can reduce a penalty that is grossly excessive compared with the compensation paid.
- During employment. A breach while still employed can justify dismissal. Damages are limited to 3 months’ pay unless the employee acted intentionally.
- Keep evidence. Record what confidential information the employee had access to. It supports both the validity of the ban and any claim.
Ending a non-compete early
A non-compete works both ways. Once signed, you must keep paying even if the employee no longer poses a competitive risk, for example because they move to a different industry.
- Withdrawal clause. Agree in advance on the conditions and notice period for the employer to end the ban. Without such a clause, you cannot simply stop it on your own.
- Mutual agreement. The ban can be ended at any time if both parties agree in writing.
- Non-payment. If you stop paying the compensation, the employee is released from the ban.
Review every non-compete at the point of exit. It is often cheaper to release the employee than to pay for a ban you no longer need.
B2B contractors
The Labour Code rules do not apply to B2B contractors. Their non-compete is governed by the Civil Code and the commercial contract. Courts still look for fairness, and a long unpaid ban can be challenged as contrary to the principles of social coexistence.
Since 8 July 2026, the Labour Inspectorate (PIP) can reclassify B2B contracts as employment. Using the same non-compete terms for B2B contractors and employees is a sign that the contractor is in practice an employee. See our guide to B2B contract reclassification and the 2026 PIP law.
Checklist for employers
Right people
Use post-employment bans only for roles with genuine access to sensitive information.Right form
Sign on paper or with a qualified electronic signature, as a separate agreement.Clear terms
State the duration, restricted activities, compensation, payment schedule, penalty and withdrawal conditions.Budget
Plan for at least 25% of pay for every month of the ban, and review the need for it at every exit.Frequently asked questions
Is a non-compete clause in the employment contract enough?
It can be, if it meets all the requirements, including written form and compensation for the post-employment period. A separate agreement is clearer and easier to end or amend.
Does the non-compete apply if the employee resigns?
Yes. The post-employment ban applies however the employment ends, unless the agreement says otherwise. So does your obligation to pay.
Can the employee agree to less than 25%?
No. The 25% minimum cannot be reduced by agreement. A lower amount is replaced by the statutory minimum.
Can we add a non-compete after the employee has started?
Yes. It can be signed at any time during employment, including as part of the exit process, as long as both parties agree.
Need a non-compete that holds up in Poland?
As your Employer of Record, EasyEOR drafts non-compete agreements that meet the Labour Code, fit your budget and include clear withdrawal terms. Find out more about our compliance and risk management service.
Based on the Polish Labour Code, Articles 101¹ to 101⁴ and 114 to 122, and the Civil Code. This guide is general information and not legal advice.
