Monitor Prawa Handlowego

no. 6/2013

Concluding an employment contract with a Management Board member in a limited liability company

Jerzy F. Oczkowski
Autor jest doktorantem w Katedrze Prawa Gospodarczego i Handlowgo Uniwerystetu Śląskiego w Katowicach.
Abstract

Both the case law and the majority of the doctrine allow for the possibility of employing a Management Board member in a limited liability company under an employment contract. This concerns also a Board Member who is at the same time a partner in a company. It is also possible to conclude an employment agreement with a Board Member in a single proprietorship company, when there is more than one member in the Management Board and the proprietor is a member of the board, and also when the proprietor is the sole member of the board.