Legislator Case Law & Legislation
II UKN 67/97 AI generated

Court held that naming a contract 'service contract' does not prevent it from being classified as an employment contract under Polish law.

Case Number II UKN 67/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a construction company against a labor court judgment. The lower courts established that the plaintiff, despite signing monthly service contracts, worked as a mason's assistant under strict subordination, receiving fixed monthly wages and performing daily tasks without responsibility for results. The court ruled that the parties' actual conduct and the nature of the work, rather than the contract's label, determine the legal relationship, thereby upholding the finding of an employment contract.

Legislator headnote

AI generated

Art. 11 KP; Art. 22 KP: The designation of a contract as a service agreement does not preclude its classification as an employment contract if the factual elements of subordination and personal work performance are present.

Keywords

AI generated
employment contract classification service contract label subordination test labor law facts cassation appeal dismissal worker status determination monthly wage payment

Cited Legislation

AI generated
Art. 11 Kodeksu Pracy
Art. 22 Kodeksu Pracy
Art. 393 § 2 Kodeksu Postępowania Cywilnego

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