Legislator Case Law & Legislation
I PRN 43/95 AI generated

Supreme Court dismisses extraordinary review, ruling factual substance of apprenticeship creates employment relationship.

Case Number I PRN 43/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the manufacturer against the labor court's decision. The plaintiffs argued that their period of vocational training should count toward seniority for pension and future awards, while the defendant contended it should only count as work under specific 1989 regulations. The court held that the essential substance of the relationship, including payment and working hours, established an employment contract despite the formal label of apprenticeship.

Legislator headnote

AI generated

Art. 421 k.p.c.; The court must determine the actual substance of rights and obligations in an apprenticeship relationship, which constitutes an employment contract when remuneration and working conditions are present.

Keywords

AI generated
extraordinary review dismissal apprenticeship employment relationship substance over form principle vocational training seniority labor law historical interpretation

Cited Legislation

AI generated
Art. 421 k.p.c.
art. 3 § 2 k.p.c
art. 189 k.p.c
art. 233 k.p.c
art. 421 k.p.c

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