I PZP 42/94
AI generated
Supreme Court allows employment contract for board member-manager, rejecting mandatory appointment rule.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether a board member-manager must be employed via appointment or if an employment contract is permissible. The plaintiff argued for reinstatement based on an employment contract, while the defendant claimed the relationship was solely an appointment under the Labor Code. The court ruled that while appointment is possible, it is not exclusive, allowing parties to choose the basis of employment to better protect the worker.
Legislator headnote
AI generatedArt. 68 § 1 k.p.; Art. 18 § 2 k.p.; The Labor Code's provision on appointment for plant managers does not preclude the establishment of an employment contract, as party autonomy and the principle of favoring the employee allow for alternative bases of employment.
Keywords
AI generated
Labor Code
Employment Contract
Appointment Rule
Board Member
Party Autonomy
Labor Relations
Supreme Court
Cited Legislation
AI generatedArt. 68 § 1 k.p.
Art. 18 § 2 k.p.
Art. 197 § 2 k.h.
art. 391 k.p.c
art. 68 § 1 k.p
art. 18 k.p
art. 18 § 2 k.p
Cited Case Law
AI generatedI PZ 45/75
I PR 202/76
I PZP 2/80
III PZP 45/87
I PRN 37/76