W The Polish Post is increasing conflict between the board and trade unions, which have taken decisive action to reconstruct the legal order of the company. After consultation, the trade unions objected to the owner's decision, questioning the legality of the appointment of the Supervisory Board. They argue that the provisions of the articles of association have been infringed, which could have serious consequences for the resolutions adopted by the Board.
Revocation of worker representatives: the beginning of the conflict
It all started more than a week ago erstwhile 2 employees' representatives Robert Czyż and Magdalena Lebiedź were recalled from the Supervisory Board just before the board meeting. These activities were the beginning of a wave of personnel changes in the company, which besides included the cancellation of Wojciech Krysztofik from the position of vice president and suspension in the duties of another vice president, Andrzej Bodziony.
Traders stress that these decisions were not made in accordance with the applicable rules. In their opinion, the Supervisory Board was appointed against the company's statutes, which undermines the legality of its resolutions.
Company Statute and Legality of the Supervisory Board
In accordance with paragraph 33(3) of the Polish Post Office Statute, the Supervisory Board consists of 2 representatives of employees. The only exception erstwhile the Council can adopt crucial resolutions without worker representatives is simply a situation where the Council associate has not been elected by the staff. However, specified circumstances did not occur, which means that the dismissal of employees' representatives does not relieve the owner of the work to appoint the individual who obtained the next highest number of votes in the last election.
"This means that the resolutions adopted by the Supervisory Board on 12 and 13 August, i.e. the dismissal of the Vice President, the suspension of the Vice-President, the appointment of Vice-Presidents of the Company, the approval of the transformation plan and others, are invalid in our opinion" - stressed the trade unions. In their view, the non-compliance with the right to appoint a supervisory board undermines all decisions that that board has taken since the dismissal of employees' representatives.
Composition of the Supervisory Board by statute
The statutes of the company clearly specify who is part of the Supervisory Board of the Polish Post Office. In accordance with paragraph 29(1a), the Supervisory Board shall comprise:
- To 3 representatives of the Minister liable for Communications,
- To 2 representatives of the Minister liable for public finances,
- To 2 representatives of the Minister liable for State assets,
- Two representatives of the company's employees.
In the event of cancellation, resignation or death of a associate of the Supervisory Board elected by employees, the statutes supply that a individual should be appointed in his place, who has obtained the next highest number of votes in the last election (par. 33 and 34 of the Statute). Trade unions point out that these provisions have been ignored, which undermines the legality of the composition of the current council.
The company’s answer to the allegations
In consequence to the allegations of trade unionists, the press office of the Polish Post Office reported that the cancellation of employees' representatives was in accordance with the pre-established agenda of the Extraordinary General gathering of the Company. The Company argues that this decision was dictated by the deficiency of discharge by the average General gathering of the Company in respect of the performance of its duties for the year 2023. In the opinion of the company, the inappropriate supervision of the company's operations and management contributed to a crucial deterioration of the financial situation of the Polish Post Office.
"The appeal is dictated by the deficiency of discharge by the average General gathering of the Company in the performance of its duties in 2023, which is connected with improper supervision of the Company's and the Management Board's activities, which is confirmed in a crucial deterioration in the financial situation of the Company" – we read in the press office of the Polish Post Office.
Polish Post Transformation Plan
In the context of these personnel changes, Poczta Polska besides announced a fresh Transformation Plan, which assumes crucial changes in the functioning of the company. According to information provided during the press conference, the transformation is to include changes in sales, logistics, human resources, IT, real property and group finances.
The president of Poczta Polska stressed that the intent of these activities is to transform the company from a conventional letter-transfer company into a modern courier-detail-digital company. The transformation is besides intended to include a voluntary leave programme for workers to cover 9.3,000 people, mainly those who do not have operational functions. The cost of the program is estimated at around PLN 600 million.
Summary
The ongoing dispute in the Polish Post casts a shadow on the legality of actions undertaken by the current board and Supervisory Board. The trade unions have consistently stressed that infringements of the articles of association may invalidate key decisions concerning the future of the company, including appeals and appointments to key positions. This situation could have far-reaching consequences for both employees and the company itself in the context of the planned transformation.
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Illegal Supervisory Board of Polish Post: trade union dispute with the company
