Single-member to three-member board change requires employee consent or termination notice unless company law stipulates variable composition.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a dispute over changes to employment conditions. The lower court ruled that expanding a single-member board to three members was merely an internal corporate matter not affecting the employee's contract. The Supreme Court held that such a structural change fundamentally alters the president's powers and duties, constituting a material change in the employment relationship. Consequently, the court determined that consent or a notice of change is required unless the company's articles of association explicitly allow for variable board composition.
Legislator headnote
AI generatedArt. 42 ust. 1 Kodeksu pracy; Art. 189 Kodeksu postępowania cywilnego: A change from a single-member to a multi-member board of directors constitutes a material alteration of the employment contract terms, necessitating mutual agreement or a notice of change unless the company's articles of association explicitly provide for a variable board composition.