Labor court dismisses claim that employment contract exists due to worker's preference for employment status over contract for services.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the Social Insurance Institution's cassation appeal regarding social insurance contributions for temporary workers. The court found that the workers performed short-term tasks without subordination, and the employer explicitly avoided written contracts due to frequent resignations. The court ruled that a worker's preference for an employment contract does not override the actual lack of subordination and the parties' clear intent to form civil-law contracts.
Legislator-Regeste
KI-generiertArt. 22 Kodeksu pracy; Art. 393 § 1 Kodeksu postępowania cywilnego: The mere preference of a worker for an employment contract status, absent actual subordination and contrary to the parties' expressed will, cannot establish the existence of an employment relationship.