Legislator Case Law & Legislation
I PKN 389/98 AI generated

Supreme Court dismisses appeal; contract name and civil law references negate employment relationship.

Case Number I PKN 389/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by two individuals against a municipal agency contract. The lower court correctly determined that the parties did not establish an employment relationship but rather a civil agency contract. The court ruled that the contract's name, references to the Civil Code, and specific clauses regarding personal performance and working hours are characteristic of civil agreements and do not prove the existence of an employment relationship under the Labor Code.

Legislator headnote

AI generated

Art. 22 KP; Art. 735, 738, 758 § 1 KC; The designation of a contract as an employment agreement and the inclusion of clauses regarding personal performance or specific working hours do not automatically establish an employment relationship if the prevailing characteristics align with civil law contracts such as agency or mandate.

Keywords

AI generated
employment relationship agency contract labor code civil code personal performance working hours cassation appeal

Cited Legislation

AI generated
Art. 22 KP
Art. 735 KC
Art. 738 § 1 KC
Art. 758 § 1 KC
Art. 393 § 12 KPC

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