Restrictions on Taking Up Professional Activity after the Amendment to the Labour Code Introduced by the Act of 9 March 2023

The study considers the problem of limiting an employee’s ability to take up additional employment in the light of Article 261 of the Labor Code. The new legal regulation encourages reflection not only on the possibility of limiting the principle of freedom of work by introducing a prohibition on an employee’s undertaking competitive activities but also on contractual provisions limiting the possibility of undertaking non-competitive activities. The provision discussed in the study is the result of the implementation of 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, but the method of implementing the Directive’s assumptions limits the autonomy of will of the parties to a much greater extent than indicated from the Directive.