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Dr hab. Artur Tomanek
ORCID: 0000-0002-3287-5886

Professor and the Head of the Department of Labour Law at the University of Wrocław. The judge of the Court of Appeal in Wrocław. Author of numerous publications on Polish and international labour law, insolvency law and social security law

 
DOI: 10.33226/0032-6186.2023.8.2
JEL: K31

The legality of contractual prohibition or another limitation on the employee's additional employment which goes beyond the scope of competitive activity should be reconsidered in the light of the Act of 9 March 2023 amending the Labour Code and Certain Other Acts (Journal of Laws 2023, item 641), preceded by the Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, p. 105). The wording of newly introduced Article 261 of Labour Code does not lead to unambigous conclusions. Hence, in order to determine the consequences of above amendment the other metods of interpretation of the law must be used. In the light of that interpretation the Polish legislator has excluded the competence of labour relationship parties to conclude a contract which sets out a prohibition of additional employment. In the author's opinion such a regulation is an excessive means of limiting the freedom to shape the content of that legal relationship.

Keywords: additional employment; labour relation; contractual prohibition or limitation on additional employment; freedom of contract