Legislator Case Law & Legislation
I PZP 2/96 AI generated

Labor law prevails over commercial law; factory manager alone represents workplace in labor relations despite joint board representation.

Case Number I PZP 2/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a single board member could validly represent a company in labor matters. The lower courts found that the factory manager, acting alone, had granted salary increases to employees without consulting the second board member, despite the company's internal rules requiring joint action for civil representation. The Court ruled that while the Commercial Code requires joint representation for general civil acts, the Labor Code grants exclusive authority to the factory manager for all labor-related legal acts. Consequently, the Court held that the specific provisions of the Labor Code override the general rules of the Commercial Code in this context, validating the manager's unilateral actions.

Legislator headnote

AI generated

Art. 23 § 1 k.p.; Art. 199 § 1 k.h.: The Labor Code provision granting the factory manager sole authority to perform legal acts in labor relations prevails over the Commercial Code's requirement for joint board representation, as the Labor Code is a lex specialis regarding the employment relationship.

Keywords

AI generated
labor code representation factory manager authority commercial code conflict lex specialis principle unilateral labor acts board joint representation employment relationship

Cited Legislation

AI generated
Art. 23 § 1 k.p.
Art. 199 § 1 k.h.
Art. 4 k.p.
Art. 3 k.p.
art. 391 k.p.c
art. 4 k.p
art. 23 k.p
art. 23 § 1 k.p
art. 3 k.p

Cited Case Law

AI generated
I PRN 47/91

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