Court dismissed appeal holding that board appointment does not automatically create an employment relationship under Polish law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding unpaid management fees, ruling that a board appointment does not inherently establish an employment contract. The court found that while the plaintiff performed duties as CEO, no employment agreement existed, and the company's founding act only permitted rather than mandated such contracts. Consequently, the court applied the Commercial Code to recognize a direct statutory obligation to pay for services rendered, rejecting the plaintiff's claim based on non-existent employment law.
Legislator headnote
AI generatedArt. 68 Kodeksu Pracy; Art. 201 § 2 Kodeksu Handlowego: The appointment of a board member by the competent organ does not automatically create an employment relationship; instead, the obligation to perform duties may arise directly from the Commercial Code if no employment contract exists.