II PK 212/11
AI generated
Employment contract clause providing severance for board member dismissal is valid and does not violate the law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially upheld the cassation appeal, overturning the lower court's finding that a specific severance clause was void. The employee argued the clause violated public policy, but the Court held that parties' agreed terms supersede general social principles. Consequently, the Court remanded the case to the district court for a new decision on the damages claim.
Legislator headnote
AI generatedArt. 18 k.p.; Art. 58 § 1 k.c.; Art. 300 k.p.: An employment contract clause stipulating compensation for the dismissal of a board member is not void for evading the law, as the parties' explicit agreement prevails over general principles of social coexistence.
Keywords
AI generated
employment contract validity
board member dismissal
severance compensation
public policy exception
pacta sunt servanda
labor law enforcement
cassation appeal outcome
Cited Legislation
AI generatedArt. 18 k.p.
Art. 58 § 1 k.c.
Art. 300 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
Art. 398 § 21 k.p.c.
art. 18 k.p
art. 58 § 1 k.c
art. 300 k.p
art. 52 § 1 k.p