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Dr Tomasz Bakalarz
ORCID: 0000-0002-7499-1260
Dr Tomasz Bakalarz, doctor of legal sciences, assistant professor at the Department of Labour Law at the Faculty of Law, Administration and Economics of the University of Wrocław, assistant to a Supreme Court judge at the Chamber of Labour and Social Insurance. In his scientific work, he focuses on the issues of individual labour law, the issues of employee subordination, employment in higher education, employee creativity and the protection of intellectual property.
DOI: 10.33226/0032-6186.2021.4.5
JEL: K31

The evaluation of no-hire agreement raises a number of concerns. Polish jurisprudence presents a view that this agreement is an unacceptable interference in the sphere of economic freedom and freedom of work. in this text, the author verifies the above legal view. He shows that the entrepreneur's autonomous decision to undertake not to employ the contractor's employees does not constitute a breach of freedom of work, per se. The author analyzes freedom of work in a horizontal aspect, as a value that becomes reality in the principles of social coexistence. This argument serves as a reference for assessing the validity of an agreement restricting employment opportunities and its impact on the legal position of the employee.

Keywords: freedom to choose a place of work; freedom of economic activity; limiting of hiring; freedom to contract

Dr Tomasz Bakalarz, doctor of legal sciences, assistant professor at the Department of Labour Law at the Faculty of Law, Administration and Economics of the University of Wrocław, assistant to a Supreme Court judge at the Chamber of Labour and Social Insurance. In his scientific work, he focuses on the issues of individual labour law, the issues of employee subordination, employment in higher education, employee creativity and the protection of intellectual property.