Legislator Case Law & Legislation
I PKN 143/99 AI generated

Article 203 Commercial Code inapplicable to unilateral termination of employment contract with company board members.

Case Number I PKN 143/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a social services subsidiary against a labor court ruling. The plaintiff, a board member, sought reinstatement after being removed from his vice-president position, which the lower courts deemed equivalent to terminating his employment contract. The court held that Article 203 of the Commercial Code does not apply to unilateral acts terminating employment contracts with board members because such actions must strictly comply with labor law formalities, including written form and proper naming.

Legislator headnote

AI generated

Art. 203 Kodeksu handlowego; Art. 68-72 Kodeksu pracy: Article 203 of the Commercial Code does not apply to unilateral legal acts terminating employment contracts with company board members, as such termination must adhere to the specific formal requirements of the Labor Code.

Keywords

AI generated
Commercial Code Article 203 Labor Code formalities Board member employment Unilateral termination act Written form requirement Cassation appeal dismissal Employment contract termination

Cited Legislation

AI generated
Art. 203 Kodeksu handlowego
Art. 68-72 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

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