Employee loyalty towards the employer is one of the basic obligations of the employee listed in art. 104 §2 point 4 of the Labor Code.
By the so-called principle of employee loyalty, the Code understands the obligation to take care of the good of the workplace, protect its property and keep confidential information, the disclosure of which could expose the employer to damage.
As explained by the Supreme Court in judgment II PK 228/18 of January 23, 2020:
„An employee is obliged by law to act loyally towards his employer. An exemplification of this obligation are the obligations specified in art. 100 § 2 point 4 of the Labor Code. These obligations are the establishment of a special principle of employee loyalty towards the employer, from which results, above all, the obligation of the employee to refrain from actions aimed at causing damage to the employer or even assessed as actions to the detriment of the employer. „.
The principle of employee loyalty to the employer is interpreted in a broad manner by case law – Supreme Court ruling in case II PK 32/14 of 23 May 2014:
„The employee’s obligation expressed in art. 100 § 2 item 4 of the Labour Code to „take care of the good of the workplace, protect its property and keep confidential information, the disclosure of which could expose the employer to damage”, is commonly referred to – in short – as the obligation to take care of the employer’s interests.
In connection with the fact that the subject of the employee’s obligation to take care is all the property and non-property interests of the workplace, it should be recognized that this obligation concerns the specification of the manner of using all rights, if making use of one’s right may affect the good of the workplace.
The subject of the indicated obligation may be both the order to properly use the rights directly defining the employee’s position as a party to the employment relationship, as well as the order to properly use rights other than employee rights.
In a specific factual situation, it may turn out that the exercise of such rights is in conflict with the good of the employer, other employees, the common good of the staff or the good of the jointly conducted business.”
The principle of employee loyalty is the foundation of the employment relationship, which should be based on trust and, however, mutual loyalty of the parties.