Labor contract termination linked to board member dismissal is valid under labor law despite commercial code provisions.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the company against a labor court awarding damages to a former board member. The court held that while the Commercial Code allows immediate dismissal of board members, this does not override the specific terms of the fixed-term employment contract regarding termination conditions. Consequently, the lower courts correctly ruled that terminating the employment contract before the official dismissal from the board position violated the contract's clauses and justified the compensation claim.
Legislator headnote
AI generatedArt. 197 § 1 KH; Art. 368 KH; Art. 30 § 1 pkt 4 KP; Art. 33 KP; Art. 18 § 2 KP; Art. 59 KP: Provisions allowing the immediate dismissal of a board member do not preclude contractual clauses linking the termination of a fixed-term employment contract to that dismissal, provided such clauses are more favorable to the employee.