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Dr Małgorzata Grześków
ORCID: 0000-0002-8449-898X
Dr Małgorzata Grześków, Ph.D., attorney at law, Assistant Professor at the Faculty of Law, Administration and Economics at the University of Wroclaw. Her research interests include personal rights in employment relations, employment relations in militarized services and business aspects of employment. Author of several articles, professional articles, and other scholarly contributions.
DOI: 10.33226/0032-6186.2021.6.6
JEL: K31, K22

The rules of employing managerial staff, despite numerous voices in the literature about the need to regulate them, have not yet been included in the regulation eliminating the existing state of uncertainty. The article presents an analysis of the admissibility of employee employment of majority partners of limited liability companies based on the judicature statements. The existing jurisprudence consistently accepts the inadmissibility of employing an employee partner of a single-person limited liability company in this company. On the other hand, situations where, in addition to the dominant partner, are also problematic in terms of legal classification, there is also a partner or partners whose total share in the company is so small that it can be assumed that it does not affect the functioning of the company. In the latest judgments there is a noticeable tendency to use the so-called "Illusory partner", which requires the adoption of the legal fiction of the existence of a one-person partnership despite the formally multi-person entity. The question is, therefore, what is the ratio of shares in the company's capital that a shareholder becomes almost the sole shareholder, and the remaining shareholder becomes an "illusory" shareholder.

Keywords: employment contract; limited liability company; employment of managerial staff; illusory shareholder; jurisdiction

Dr Małgorzata Grześków, Ph.D., attorney at law, Assistant Professor at the Faculty of Law, Administration and Economics at the University of Wroclaw. Her research interests include personal rights in employment relations, employment relations in militarized services and business aspects of employment. Author of several articles, professional articles, and other scholarly contributions.