I PK 10/05
AI generated
Supreme Court dismissed appeal; contractual severance for board member removal is civil, not labor law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a contractual severance payment triggered by the removal of a general director from the board. The lower courts ruled that the employee was entitled to the sum because the clause was civil in nature rather than labor law. The Supreme Court agreed, noting the clause did not constitute wages and thus labor law provisions on payment deadlines did not apply.
Legislator headnote
AI generatedArt. 18 k.p.; Art. 84 k.p.; Art. 455 k.c.; Art. 481 k.c.: A contractual provision granting severance upon the termination of a board member's mandate is a civil obligation, not labor remuneration, and is not subject to labor law restrictions or specific payment deadlines.
Keywords
AI generated
contractual severance payment
board member mandate
civil vs labor law
payment deadline determination
statutory interest calculation
Cited Legislation
AI generatedArt. 18 k.p.
Art. 84 k.p.
Art. 455 k.c.
Art. 481 k.c.
art. 18 k.p
art. 84 k.p
art. 231 k.p
art. 8 k.p
art. 455 k.c
art. 481 § 1 k.c