I PRN 43/95
AI generated
Supreme Court dismisses extraordinary review, ruling factual substance of apprenticeship creates employment relationship.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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