Legislator Case Law & Legislation
II UKN 479/97 AI generated

Labor court dismisses claim that employment contract exists due to worker's preference for employment status over contract for services.

Case Number II UKN 479/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the Social Insurance Institution's cassation appeal regarding social insurance contributions for temporary workers. The court found that the workers performed short-term tasks without subordination, and the employer explicitly avoided written contracts due to frequent resignations. The court ruled that a worker's preference for an employment contract does not override the actual lack of subordination and the parties' clear intent to form civil-law contracts.

Legislator headnote

AI generated

Art. 22 Kodeksu pracy; Art. 393 § 1 Kodeksu postępowania cywilnego: The mere preference of a worker for an employment contract status, absent actual subordination and contrary to the parties' expressed will, cannot establish the existence of an employment relationship.

Keywords

AI generated
subordination requirement contract for services social insurance contributions worker's expressed will temporary employment labor law distinction cassation appeal

Cited Legislation

AI generated
Art. 22 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

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