I PKN 415/98
AI generated
Labor contract established despite contract for services intent when employer restructured duties into subordinate work.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's claim to establish an employment relationship, remanding the case for a new trial. Although the parties initially agreed to a contract for services, the court found the employer restructured the work into subordinate tasks involving specific hours and organizational control. The court ruled that the employer's intent to create a labor relationship overrides the initial agreement when the actual performance of duties demonstrates subordination.
Legislator headnote
AI generatedArt. 65 § 2 Kodeks cywilny; Art. 300 Kodeks pracy: The intent to establish an employment relationship prevails over the form of a contract for services if the employer restructures the work into subordinate duties with the worker's consent.
Keywords
AI generated
labor contract
contract for services
subordination
employer intent
restructuring of duties
work organization
remand for retrial
Cited Legislation
AI generatedArt. 65 § 2 Kodeks cywilny
Art. 300 Kodeks pracy
Art. 393 § 1 Kodeks postępowania cywilnego