Legislator Case Law & Legislation
I PK 249/04 AI generated

Supreme Court dismissed appeal; lack of formal board resolution does not invalidate employment contract if majority consented.

Case Number I PK 249/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court judgment awarding unpaid wages to a former executive. The lower courts found that while the supervisory board failed to hold a formal meeting with a proper agenda, the majority of its members had informally agreed to the employment contract and salary. The court ruled that the absence of a formal resolution under the Commercial Code did not render the contract void because the employees had effectively accepted the terms through their conduct and lack of objection.

Legislator headnote

AI generated

Art. 379 k.s.h.; Art. 388 § 1 k.s.h.; Art. 391 § 1 k.s.h.: The failure to strictly comply with statutory requirements for supervisory board resolutions does not invalidate an employment contract if the majority of board members have effectively consented to the agreement.

Keywords

AI generated
supervisory board resolution employment contract validity informal consent commercial code requirements labor dispute outcome

Cited Legislation

AI generated
Art. 379 k.s.h.
Art. 388 § 1 k.s.h.
Art. 391 § 1 k.s.h.
Art. 65 § 1 k.c.
art. 17 § 3 k.s.h
art. 379 k.s.h
art. 22 § 1 k.p
art. 370 § 1 k.s.h
art. 391 § 2 k.s.h
art. 17 k.s.h

Cited Case Law

AI generated

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