O KONTROWERSJACH PRACOWNICZEGO ZATRUDNIENIA CZŁONKÓW ZARZĄDU SPÓŁDZIELNI
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Date
2004
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Wydział Prawa i Administracji UAM
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CONTROVERSIES OVER EMPLOYMENT OF BOARD MEMBERS OF COOPERATIVES
Abstract
For some time the legal grounds for employment of board members of a cooperative have
been causing much controversy in the cooperative practice and jurisdiction. In accordance with
article 52 of the Cooperative Law such grounds can be provided by an contract of employment or
an act of appointment. The provisions of article 68 of the Labour Code, which were changed in
1996, allow employment on the basis of appointment in cases stipulated in special provisions. The
resolution of a panel of 7 Supreme Court judges of February 2003 attempts to explain and solve
some significant discrepancies in the appraisal of this legal status. However, the thesis of this
resolution and its justification raise some numerous doubts. The aim of this study is to present
these doubts and to show a fundamentally opposite standpoint.
In addition to the aforementioned main subject of discussion, the following problems have
been brought up: a ban on competition imposed on the board members, the influence of violating
this ban on keeping the mandate by the board members and their employment with the cooperative.
The study is also interested in the problem of possible responsibility for keeping order by board
members, especially in the context of relationship between the board and the supervisory board.
The study suggests in the conclusion that the new cooperative law should contain means which
would minimize or eliminate the aforementioned controversies.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 66, 2004, z. 3, s. 127-140.