Labor dispute dismissed where court found German employer, not Polish company, was actual employer based on contract and evidence.
Legislator summary
AI generatedThe court dismissed the plaintiff's claim to establish an employment relationship with a Polish company and award damages for wrongful termination. Although the plaintiff alleged the Polish firm hired him, the court found the German company was the actual employer based on the signed contract, transport documents, and witness testimony. The judgment emphasized that merely posting job advertisements does not create an employment relationship if the actual hiring and contract signing occurred with a different entity.
Legislator headnote
AI generatedArt. 102 k.p.c.; Art. 113 ustawy o kosztach sądowych w sprawach cywilnych: An employment relationship is established by the actual contracting party and performance of duties, not by the posting of advertisements or the involvement of a third party in recruitment.