Legislator Case Law & Legislation
I PKN 43/97 AI generated

Supreme Court dismisses appeal confirming one employment contract per employer rule prevents dual contracts.

Case Number I PKN 43/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a doctor seeking to establish a separate employment contract for his shift work. The lower courts held that because a single doctor cannot hold two employment contracts with the same employer, all shifts were merely internal duty shifts under the primary contract. The Court ruled that Article 18 of the Labor Code does not permit the creation of a second contract even if it benefits the employee, as the law strictly prohibits dual employment relationships with one entity.

Legislator headnote

AI generated

Art. 18 § 1 k.r.s.; Art. 393 § 1 k.p.c.: An employee may maintain only one employment relationship with a single employer, rendering any claim to establish a second contract inadmissible regardless of the employee's benefit.

Keywords

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single employment relationship dual employment contracts labor code interpretation internal duty shifts cassation appeal dismissal

Cited Legislation

AI generated
Art. 18 § 1 k.r.s.
Art. 393 § 1 k.p.c.
Art. 102 k.p.c.
§ 11 rozporządzenia Rady Ministrów z dnia 27 grudnia 1974 r.

Cited Case Law

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