I PKN 293/98
AI generated
Supreme Court dismisses appeal when employment contract features lack subordination, favoring civil contract terms.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Grzegorz A. against Hubert N., rejecting the claim of an employment relationship. The lower court found that while the plaintiff performed various tasks, he lacked subordination as he organized his own work, time, and tools without fixed hours or attendance records. The court ruled that in the absence of dominant employment characteristics, the formal name and execution of the civil contract determine the legal relationship.
Legislator headnote
AI generatedArt. 22 § 1 1 KP; Art. 393 § 12 KPC; If the characteristics of an employment relationship do not prevail, the name and manner of performance of the obligation determine its nature.
Keywords
AI generated
employment relationship
subordination test
civil contract
cassation appeal
labor law qualification
Cited Legislation
AI generatedArt. 22 § 1 1 KP
Art. 393 § 12 KPC
Art. 102 KPC