In its judgment of 14 December 2023 (I PSKP 34/22), the Supreme Court recalled that starting from 22 February 2016, it is not possible to conclude an employment contract with a member of the management board of a cooperative (or a capital company, respectively) for a fixed term equal to the period of performing the function of a member of the management board without simultaneously designating a specific and objectively existing period after which the contract will be terminated in accordance with Art. 30 § 1 item 4 of the Labor Code
Starting from 22 February 2016, in connection with the entry into force of the Act of 25 June 2015 amending the Act – Labor Code and certain other acts (Journal of Laws of 2015, item 1220), which, among other things, was eliminated from Art. 25 § 1 of the Labor Code. employment contract for the period of performing specific work, leaving only contracts for a trial period, for an indefinite period or for a specified period (Article 1 point 1 of the Amending Act) and in Article 30 § 1, point 5 was repealed (Article 1 point 3 of this Act), which stipulated that an employment contract is terminated on the day of completion of the work for which it was concluded. The described statutory changes mean that from 22 February 2016 it is no longer possible to conclude employment contracts with members of the management board of both capital companies and cooperatives for the period of performing specific work, but – depending on the will of the parties or, for example, the statutory regulations in force in a given entity – employment contracts for a specified period (including, for example, for the term of office specified in the provisions of the statute or specified by dates indicating the beginning and end of the duration of the contract) or for an indefinite period.