Legislator Case Law & Legislation
I PKN 276/97 AI generated

Supreme Court remands labor contract case to lower court for factual findings on subordination and legal avoidance.

Case Number I PKN 276/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
labor contract validity legal avoidance doctrine sole shareholder employment subordination requirement remand for retrial unemployment benefits claim factual findings necessity

Cited Legislation

AI generated
Art. 203 KH
Art. 58 § 1 KC
Art. 83 § 1 KC
Art. 233 KPC
Art. 393 § 13 KPC

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text