Supreme Court dismissed appeal; lack of formal board resolution does not invalidate employment contract if majority consented.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal against a labor court judgment awarding unpaid wages to a former executive. The lower courts found that while the supervisory board failed to hold a formal meeting with a proper agenda, the majority of its members had informally agreed to the employment contract and salary. The court ruled that the absence of a formal resolution under the Commercial Code did not render the contract void because the employees had effectively accepted the terms through their conduct and lack of objection.
Legislator-Regeste
KI-generiertArt. 379 k.s.h.; Art. 388 § 1 k.s.h.; Art. 391 § 1 k.s.h.: The failure to strictly comply with statutory requirements for supervisory board resolutions does not invalidate an employment contract if the majority of board members have effectively consented to the agreement.