II PK 306/04 AI generated

Resignation from board role treated as employee contract termination unless separate employment relations exist.

Case Number II PK 306/04

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2005-06-21

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a claim for three months' salary following the employee's resignation from his board position. The lower courts found that the employee's resignation constituted a termination of his employment contract under Article 30 of the Labor Code, rather than a separate organizational appointment. The court ruled that the employee's argument for two simultaneous employment relationships was legally inconsistent and unsupported by the facts.

Legislator headnote

AI generated

Art. 30 § 1 pkt 2 k.p.; Art. 68 k.p.; Art. 52 § 1 Prawo spółdzielcze; When an employee resigns from a board position where their duties are defined solely by an employment contract, such resignation is interpreted as terminating the employment contract unless distinct organizational and employment relationships are proven.

Keywords

AI generated

resignation from board employment contract termination Labor Code Article 30 dual employment relationship cooperative society law cassation appeal dismissal organizational appointment

Cited Legislation

AI generated

Art. 30 § 1 pkt 2 k.p.

Art. 68 k.p.

Art. 52 § 1 Prawo spółdzielcze

Art. 65 k.c.

Art. 39312 k.p.c.

art. 68 § 1 k.p

art. 30 § 1 pkt 2 k.p

art. 49 k.p.c

art. 50 § 1 k.p.c

art. 233 § 1 k.p.c

Resignation from board role treated as employee contract termination unless separate employment relations exist.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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