Abstract

article is dedicated to two related issues – complex nature of the agreement on noncompetition after the termination of employment relationship and appropriate application of the civil law norms to this contract in case of non-exhaustive regulation in Labour Code. First of all, the author shortly presents the definition and nature of above-mentioned obligation relationship. Specifically, on the ground of doctrine and judicature, the author tries to answer whether agreement on non-competition after the termination of employment is the civil law contract or labour law contract. Next, she analyses the meaning and the scope of application of individual norms of Civil Code in labour law. While analysing the conditions included in art. 300 of Labour code, the author answers when application of the civil law in labour law is possible and which limitations must be noted. The last part of the article contains wide description of the subject matter and essential aspects of the agreement on non-competition after the termination of employment relationship. By examining the temporal scope of this agreement, its subject matter and potential consequences of failure to perform or improper
performance, the author demonstrates the merge of two different branches of law and practical use of civil law norms in labour law.