Supreme Court remands labor contract case to lower court for factual findings on subordination and legal avoidance.
Legislator summary
AI generatedThe Supreme Court of Poland remanded the case to the Regional Court for a retrial after finding the lower court's decision legally insufficient. The plaintiff, a sole shareholder and manager, sought unemployment benefits based on a labor contract with his own company, which the lower court declared void for legal avoidance. The Supreme Court ruled that while such contracts often lack subordination, declaring them void requires specific factual findings regarding the contract's purpose and the nature of the work performed.
Legislator headnote
AI generatedArt. 203 KH; Art. 58 § 1 KC; Art. 83 § 1 KC; Art. 233 KPC; Art. 393 § 13 KPC: A labor contract between a limited liability company and its sole shareholder-manager is not automatically void for legal avoidance; the court must first establish factual circumstances regarding the contract's purpose, the work's character, and the existence of subordination.