Legislator Case Law & Legislation
I PKN 415/98 AI generated

Labor contract established despite contract for services intent when employer restructured duties into subordinate work.

Case Number I PKN 415/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 65 § 2 Kodeks cywilny
Art. 300 Kodeks pracy
Art. 393 § 1 Kodeks postępowania cywilnego

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text