Recent changes in the Supervisory Board of the Polish Post Office have sparked controversy, and trade union representatives question their legality. The unions argue that the dismissal of the members of the board was not in accordance with the articles of association, which could lead to the annulment of the resolutions adopted. The Ministry of State Acts (MAP) confirmed that a procedure was launched to address this problem.
Illegal cancellation of members of the Supervisory Board?
Trade unions have pointed to the infringement of paragraphs 33 and 34 of the articles of association. These paragraphs specify that the Supervisory Board of the Polish Post Office should be composed of 2 members selected by employees. If 1 of them is cancelled, resigns or dies, he should be replaced by the individual who obtained the highest number of votes in the last election. If there is no specified person, there should be supplementary elections.
The problem is, however, that after the cancellation of Robert Czyż and Magdalena Lebiedź no successors were appointed. As a result, the Supervisory Board acted without full membership, which, according to trade unions, is illegal. In the opinion of trade unionists, all resolutions adopted by the Supervisory Board after this change, including the cancellation of Vice president Wojciech Krysztofik and the suspension of Andrzej Bodzione, are invalid.
Position of the Ministry of State Assets
The Ministry of State Acts responded to the allegations, confirming that the procedure for appointing fresh members of the supervisory board had been launched. The hotel indicated that candidates had to comply with the State Property Management Principles Act of 16 December 2016 (Journal of Laws of 2024 item 125, 834). In the absence of suitable candidates, supplementary elections will be required.
"The applicable procedure has been launched", stressed the MAP, adding that the right of employees to be represented on the supervisory board is respected.
Legal gap or procedural error?
Robert Czyż, a recalled associate of the supervisory board, claims that the owner's decision to revoke it is based on a legal loophole. "The owner stated that the Code of Commercial Companies has a superiority over the Commercialisation Act and the Company Statute, which allows us to be dismissed, but the appointment of another 2 persons is mandatory," Czyż emphasised.
In addition, Does it claim that the deficiency of appointing successors has crucial legal implications. The application has already been submitted to the National Court registry (CRS).
What happens to the resolutions of the Supervisory Board?
Trade unions and the MAP note the problem of the deficiency of full membership of the supervisory board. The key question that remains unanswered is whether the resolutions adopted by this council will be considered invalid. The trade unions believe that the decisions taken have no legal force, while the decision on this substance may have serious consequences for the functioning of the Polish Post Office.
Conclusion
The situation in the Polish Post clearly shows how crucial it is to comply with the laws and statutes of the company erstwhile deciding on changes in the board and supervisory board. Controversy about the legality of the recently appointed council may lead to serious legal effects, including the annulment of the resolutions adopted. The Ministry of State Acts has launched the applicable procedure, but further developments depend on final legal decisions.
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
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