I PKN 89/97
AI generated
Supreme Court dismisses appeal; lack of obedience orders negates employment relationship in civil partnership case.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Robert H. against SMS 'C.' Sp. z o.o. regarding unpaid wages and vehicle costs. The plaintiff argued a labor relationship existed while a civil partnership with another entity was a sham, but the court found he was an independent partner bearing economic risk. The court ruled that the absence of an obligation to obey orders and fixed salary proved no employment relationship existed.
Legislator headnote
AI generatedArt. 22 § 1 KP; Art. 100 § 1 KP; Art. 393 § 12 KPC: The absence of an obligation to obey orders and the bearing of economic risk preclude the existence of an employment relationship, even if a civil partnership is alleged to be a sham.
Keywords
AI generated
employment relationship
civil partnership
sham contract
obedience orders
economic risk
labor law
cassation appeal
Cited Legislation
AI generatedArt. 22 § 1 KP
Art. 100 § 1 KP
Art. 393 § 12 KPC
Art. 83 § 1 KC
Art. 233 § 1 KPC