II PK 36/09
AI generated
Supreme Court voids employment contract terms exceeding board chairman's authority and remands case.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court voided the employment contract terms regarding severance pay because the supervisory board chairman exceeded his authorized mandate. The chairman signed an agreement guaranteeing compensation in all termination cases, which contradicted the supervisory board's resolution limiting such rights. Consequently, the Court dismissed the cassation complaint and remanded the case for a new decision on the monetary claims.
Legislator headnote
AI generatedArt. 210 § 1 k.s.h.; Art. 58 § 1 k.c.: A contract clause is void if the signatory exceeds the authorization granted by the competent body, and the validity of the contract is not automatically negated by the invalidity of the underlying employment relationship.
Keywords
AI generated
ultra vires
supervisory board
employment contract
severance pay
remand for retrial
Cited Legislation
AI generatedArt. 210 § 1 k.s.h.
Art. 58 § 1 k.c.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 210 § 1 k.s.h
art. 58 § 1 k.c
art. 52 k.p
art. 210 k.s.h
art. 300 k.p
art. 353 k.c
Cited Case Law
AI generatedII PK 235/05
Non-compete agreement valid after employment ends even if supervisory board resolution lacked specific terms.
I PKN 404/99
I PK 633/02
Invalid employment contract creates obligations upon employee acceptance and employer acceptance of work terms.
I PK 23/03
I PK 488/03
Supreme Court allows vacation pay claim but dismisses penalties against a company manager for implied employment contract.
III PK 83/05
Labor contract amendment requires written form under penalty of invalidity; oral changes are void.
I PK 501/03
Non-authorized post-employment non-compete agreement signed by board chair is void under Polish law.
I PK 82/08
Supreme Court dismisses appeal; non-collegial board will cannot be replaced by custom or later agreements.
I PK 80/04
Supreme Court held that authority to sign employment contracts does not authorize non-compete agreements post-employment termination.
II PK 134/08
Supreme Court dismisses appeal on contract interpretation, ruling text and context bind parties' intent.