Many of you have surely heard about the recently popular "lojalce. What is it? This non-competition agreement, or when working for a living, we can not work for another, and to do "for" in house clients 'salon'. All this is linked to a specific time (prescribed in the agreement).

Employers often require lojalkę signed as an annex to the contract of employment, sometimes it is a guarantee of our work with him after the training, which refundował, sometimes associated with employee retention value. Open the Labour Code, however ...

Chapter IIa

Non-competition

Art 1011th § 1 As far as specified in a separate agreement, the employee may not lead

competitive activity to the employer or to provide work within the employment relationship or other basis for the entity conducting such activities (non-competition).

§ 2 An employer who is injured by a breach by the employee non-competition stipulated in the contract, the employee may claim compensation for that harm on the principles laid down in Chapter I in the fifth section.

What does it mean that "lojalka" to be included in a separate agreement. An employee may not operate a competitive employer, and can not be associated with other employers, which are in competition with the employer, which has a contract.

Art 1012th § 1 Provision of Art. 1011 § 1 shall apply where the employer and employee with access to particularly sensitive information whose disclosure could expose the employer to the detriment of, contain a non-competition agreement after termination of employment. The agreement shall also specify the period of prohibition of competition and the amount of compensation due the employee from the employer, subject to the provisions of § 2 and 3

§ 2 Prohibition of competition referred to in § 1 shall cease to apply before the deadline for which the contract was concluded as provided in this provision, if the reasons justifying the termination of such prohibition or default of the employer from the obligation to pay compensation.

§ 3 The compensation referred to in § 1 may not be lower than 25% of salary

received by an employee prior to termination of employment for a period equal to the period of prohibition of competition, the compensation may be paid in monthly installments. In the event of a dispute the court rules on damages work.

Non-competition agreement may be extended in time after termination of employment (with access to particularly sensitive information that could expose the employer to the detriment). Then the employer pays the employee compensation. The agreement may be terminated earlier only if the termination of the reason for which the contract was concluded.

Art 1013th Agreement referred to in Article. 1011 § 1 and Article. 1012 § 1, required under pain of

nullity in writing.

So we have to make such an agreement in writing - verbal agreement and all others are invalid.

What happens if the employee does not honor the agreement? The employer must submit that agreement, to prove that the employee broke it, and then show the damage they suffered for it. Then have the right to compensation.

But what followed after termination of employment or when the contract ends? Then, working elsewhere or open their own salon, we invite each of our "salon," clients without any hindrance. If the contract is for a period after termination of employment, unfortunately we can not do so. However, there are certain conditions that must be met, as mentioned above (Article 1012 KP).

And now a little practice. Imagine a situation that we get offered a job with a reputable salon in the area. It will also be sent to a number of training (employer pays), enrich our skills and thus increase our market value. In return, the employer wants us to sign the lojalkę "for 5 years, where we can not accept clients outside the salon treatments and exercise after work. Is it worth it?

First I will discuss the topic from the perspective of the employee.

On the one hand, we have guaranteed work, which nowadays is very important (eg access to health care, banking, pension contribution D, etc.). On the other hand, we are "trapped" in one workplace for a few nice years, and as you know, sometimes in life differently, and employers can be very meanly and unkind. But whether such agreement is fair at all? If this is the time the employment relationship, that's fine, but if a longer time? After calling a stylist zdobyłyśmy elsewhere in its areas. Would be most reasonable to assume that the employer is training us in the field, from which no one else can train us that we possess this magical knowledge that nobody else has and it would provide a dramatic decline in the employer's profits, etc. In fact, it is our choice whether decide to sign such an agreement, and thus - to work. There are pluses and minuses, and we individually think what is important to us.

And if you're an employer?

The same situation, we send a worker training, investing in its coins so that our customers were satisfied with the service and quality in our living room.

When the option "do not sign lojalki": suppose that we will be an employee who takes after-hours clients and takes 100% in his pocket, working on our products and use our tools! In addition, remember that the employer is liable for damage caused by the worker (ironically, in this case, do not even know that our employee works). Our employee may also take our customers at home - here resist the simple mathematical operations:

An employee is 30%, or from extended nails for 160zł has 48zł.

Is 112zł, of which rewarded the rent, electricity, water, other utilities and employee contributions, and the products we buy (+ some percentage goes "against the" training sponsored by us)

And the employee says word for our clients, Ms. X would do the same at home with her, so will not even have to go out for only 100 PLN (ie 60zł less than in the living room.) Client agrees to this, we're losers because we lost a client potential, and our employee resounded at work, at home because I earn twice as much and even, horror of horrors!, Will our products.

Another option? We pay for training and the employee one month after the meeting decides not to work, which by themselves stworzyłyśmy new competition.

I hope none of us created by my imagination worker never hit, but sometimes different and hence employers sometimes want to sign a loyalty contract.

I presented different approaches to non-competition agreement, I think that at reasonable terms, such agreement is reasonable solution. But I repeat, at reasonable terms.

Dear stylist, as you think? Do you happened to be a similar situation? You are cordially invited to discuss

Author:

Joanna Fronczak

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