Supreme Court dismissed cassation; employment contract clause granting severance pay remains valid despite statutory limits.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against a lower court ruling awarding severance pay to a former CEO. The court found that the supervisory board, acting as the proper authority under commercial law, validly authorized the employment contract to include a severance clause, which was distinct from the statutory maximums set by the remuneration law. Consequently, the court held that the lower courts correctly applied the law and the contract terms were not void.
Legislator headnote
AI generatedArt. 12 ust. 1 ustawy z dnia 3 marca 2000 r. o wynagradzaniu osób kierujących niektórymi podmiotami prawnymi; Art. 374 Kodeksu handlowego: The statutory provision limiting severance pay does not prohibit the inclusion of such a clause in an employment contract validly concluded by the supervisory board, and the contract remains effective.