POLAND Trends and Developments Contributed by: Sabina Famirska, Hansberry Tomkiel
legal non-solicitation clauses in their contracts with employees or observing regulations on unfair com - petition regulations. Summary Labour-related matters have begun to play an increased role in the PCA’s public enforcement efforts. To date, the PCA seems to have been particularly focused on matters such as wage fixing and no-poach agreements. The official statements of the PCA leave no doubt that it will not limit itself solely to the typical forms of the agreements but will extend its areas of interest to other forms of agreements that may distort competition in the labour market.
For an employee, the PCA’s intervention concerning illegal agreements restricting competition in the labour market can be an important facilitator both in assert - ing their right to appropriate remuneration and their right to freely change employers. If an administra - tive decision is issued by the PCA, it can significantly facilitate the pursuit of claims for damages, whether in group or individual civil proceedings. Yet, in a potential compensation case, employees seeking compensa - tion must still prove damage ‒ ie, prove that the agree - ment caused financial loss (eg, lower remuneration) that would not have occurred if the agreement had not been concluded ‒ as well as proving other grounds to establish defendant’s liability.
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