Supreme Court allows award to employee-manager prokurent, ruling he manages the company under Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court remanded the case to the District Court to determine if the plaintiff, acting as a prokurent, qualified as a manager under the Labor Code. The plaintiff argued he was not a manager because he only directed specific departments, while the employer claimed the collective agreement excluded him from manager status. The Court held that the prokurent, combined with other board members, had full authority to represent the company and thus acted as a manager, overturning the lower court's dismissal.
Legislator headnote
AI generatedArt. 24126 § 2 k.p.; Art. 31 § 1 k.p.; Art. 368 k.s.h.; Art. 373 § 1 k.s.h.; Art. 4771 § 1 k.p.c.: A prokurent in a multi-member board acts as a manager representing the company and is entitled to manager-specific benefits under the collective agreement.