Legislator Case Law & Legislation
II UKN 360/99 AI generated

Supreme Court voids employment contract signed by audit committee chair, dismissing social security appeal.

Case Number II UKN 360/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against the Social Insurance Institution's decision that the applicant did not qualify for social security coverage. The court found the employment contract void because the audit committee lacked statutory authority to represent the company and hire board members, as such powers are reserved for the supervisory board or authorized proxies. Consequently, the contract was deemed invalid under the Civil Code, and the applicant was correctly excluded from social security obligations.

Legislator headnote

AI generated

Art. 214 § 3 KH; Art. 203 KH; Art. 58 KC: The extension of audit committee powers under the Commercial Code cannot include the authority to represent the company in concluding employment contracts with board members, rendering such contracts void if no valid proxy exists.

Keywords

AI generated
audit committee powers employment contract validity social security coverage Commercial Code provisions void contract due to lack of authority

Cited Legislation

AI generated
Art. 214 § 3 KH
Art. 203 KH
Art. 58 KC
Art. 2 KP
Art. 22 KP
Art. 393 § 12 KPC

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