I PZP 7/95 AI generated

Supreme Court declares employment contract between one-person LLC and its managing director void due to lack of subordination.

Case Number I PZP 7/95

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 1995-03-08

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding the validity of an employment contract between a one-person limited liability company and its sole shareholder who also served as the managing director. The plaintiff claimed a high salary for management duties, but the court found that such an arrangement inherently lacks the essential element of subordination required for an employment relationship. Consequently, the court ruled the contract void under the Civil Code, establishing that a person cannot be their own subordinate in this context.

Legislator headnote

AI generated

Art. 158 ust. 1, 2 k.h.; Art. 203 k.h.; Art. 58 § 1 k.c.; Art. 83 § 1 k.c.: An employment contract between a one-person limited liability company and its sole shareholder acting as the managing director is void due to the absence of subordination.

Keywords

AI generated

one-person limited liability company managing director employment subordination requirement void contract civil code self-employment avoidance

Cited Legislation

AI generated

Art. 158 ust. 1, 2 k.h.

Art. 203 k.h.

Art. 58 § 1 k.c.

Art. 83 § 1 k.c.

art. 391 k.p.c

art. 58 k.c

art. 108 k.c

art. 58 § 1 k.c

art. 83 § 1 k.c

Cited Case Law

AI generated

III CZP 8/90

Supreme Court declares employment contract between one-person LLC and its managing director void due to lack of subordination.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Cited Case Law

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