Problematyka funkcjonowania samorządów załóg w przedsiębiorstwach wspólnych (spółkach handlowych)

Abstract

Question of joint venture staff participation in managing affairs of their company is the subject of studies presented in this article. It is worth noting that joint ventures are. presently one of new forms of state enterprises. They have to operate in a form of companies on the grounds of Polish trade law7. The opinimi is expressed in the article that the Act of Sept. 30, 1981 on workers' self-management in state enterprise is not in force de lege lata in sstate joint ventures (commercial companies). Adopting a contrary opinion would make essential legal norms of the Self-Management Act collide with norms of commercial code regulating commercial companies. It can be proved by comparing the key competence matters of partners' assembly in limited liability company with lay down competence of workers' council. The opinion of indispensable future changes of legislation was also expressed, they should be aiming at appointing institution of workers' self-management in joint ventures (commercial companies). Some examples of foreign regulation prove that workers' self-management can also function in commercial companies. Be lege ferenda, representatives of workers' management have to be introduced to supervisory boards of commercial companies, the scope of their competence should be considerably extended then.