Legislator Case Law & Legislation
I PKN 293/98 AI generated

Supreme Court dismisses appeal when employment contract features lack subordination, favoring civil contract terms.

Case Number I PKN 293/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 22 § 1 1 KP
Art. 393 § 12 KPC
Art. 102 KPC

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