Non poaching/solicit internationally

[Redtake]

Hello,

I would like to ask for an opinion on a matter. I'm a contractor that work remotely from Poland for an UK company.
On my contract I have a non poaching and no solicit agreement without a defined period of time till it's waived.
All other employees also work as self-employed contractors.
My question is, can a company from Poland hire us locally on a employee contract or it's still a breach? And if period of time is not defined, when does it expire?

[Lance]

Hello,

I would like to ask for an opinion on a matter. I'm a contractor that work remotely from Poland for an UK company.
On my contract I have a non poaching and no solicit agreement without a defined period of time till it's waived.
All other employees also work as self-employed contractors.
My question is, can a company from Poland hire us locally on a employee contract or it's still a breach? And if period of time is not defined, when does it expire?

Non-poach and non-solicit clauses in contracts are common.
The point is to stop you bypassing the agency and going direct.

My reading of your question is whether a completely unrelated Polish company can hire you to work for a completely different company. The answer is yes they can.
If a local company wants to employ you, to work for the same UK company then you would be in breach of the contract you have.
The maximum usually enforceable in UK law is 6 months.

Of course you're in Poland so the clause might not be enforceable at all. I can't help with that.

[Redtake]

Non-poach and non-solicit clauses in contracts are common.
The point is to stop you bypassing the agency and going direct.

My reading of your question is whether a completely unrelated Polish company can hire you to work for a completely different company. The answer is yes they can.
If a local company wants to employ you, to work for the same UK company then you would be in breach of the contract you have.
The maximum usually enforceable in UK law is 6 months.

Of course you're in Poland so the clause might not be enforceable at all. I can't help with that.

Oh my, thats a fast answer! Really appreciate that.

To be more precise I'm in a situation, that as a remote contractor I will be leaving to be employed to unrelated local company. But they are also interested in other remote contractors of the same company I work for.
Is this still enforcable?

[Lance]

Oh my, thats a fast answer! Really appreciate that.

To be more precise I'm in a situation, that as a remote contractor I will be leaving to be employed to unrelated local company. But they are also interested in other remote contractors of the same company I work for.
Is this still enforcable?

It's not really enforceable.

Probably best that you don't offer these people work though. That could be considered a breach but even harder to enforce than stealing their customer. And Polish law would probably be the jurisdiction.