II UK 357/09
AI generated
Supreme Court dismisses appeal; employment contract of sole shareholder-manager ends upon acquiring all shares.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a sole shareholder-manager seeking social insurance coverage. The court found that the employment relationship terminated automatically when the individual acquired all shares in the company, transforming their status from employee to sole owner. Consequently, the Social Insurance Institution's decision to deny coverage was correct as the employment contract ceased to exist at that moment.
Legislator headnote
AI generatedArt. 22 § 1 k.p.; Art. 631, 632 k.p.; The employment contract of a sole shareholder-manager of a limited liability company terminates automatically upon the acquisition of all shares, as the personal subordination characteristic of the employment relationship ceases to exist.
Keywords
AI generated
sole shareholder manager
termination of employment
acquisition of shares
personal subordination
social insurance coverage
limited liability company
automatic termination
Cited Legislation
AI generatedArt. 22 § 1 k.p.
Art. 4 ust. 2 ustawy z dnia 25 listopada 1986 r. o organizacji i finansowaniu ubezpieczeń społecznych
Art. 631 k.p.
Art. 632 k.p.
Art. 398 k.p.c.
art. 2 k.p
art. 22 § 1 k.p
art. 58 § 1 k.c
art. 83 § 1 k.c
art. 22 k.p
Cited Case Law
AI generatedI PZP 1/94
Employment contract continues after employer's death if business is inherited as a going concern.
I PKN 143/00
Supreme Court allows severance for public employee whose elected term expired causing dismissal.
I PKN 390/97
Supreme Court dismissed appeal regarding application of indefinite term contract law to pre-implementation fixed-term agreements.
I PKN 174/99
Supreme Court dismisses cassation, ruling pension severance attaches to termination, not contract expiration.
II UKN 7/99
Supreme Court dismisses appeal; factual findings on employment contract appearance are not subject to cassation review.
I PKN 490/00
Supreme Court dismisses labor law claims regarding termination by expiration of fixed-term contract under specific articles.
I PKN 963/00
II PK 113/04
Third fixed-term contract before EU accession automatically converts to indefinite term regardless of subsequent law suspension.
I PK 488/03
Supreme Court allows vacation pay claim but dismisses penalties against a company manager for implied employment contract.
II UK 155/07