II UKN 310/98
AI generated
Supreme Court dismissed cassation; employment contract deemed fake; facts show civil work contract instead.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the applicant's social insurance coverage. The court found that the relationship between the parties was governed by a civil work contract rather than an employment contract due to the lack of employer control and the applicant's ability to work independently. Consequently, the lower court's assessment that the agreement was a sham employment contract to evade social security obligations was upheld.
Legislator headnote
AI generatedArt. 18 § 1 i 2 Kodeksu pracy; Art. 83 § 1 Kodeksu cywilnego: A contract labeled as employment but lacking essential elements of subordination and control is deemed a civil work contract, preventing the application of labor law protections.
Keywords
AI generated
sham employment contract
social insurance coverage
subordination test
civil work contract
evading social security
labor law application
employer control
Cited Legislation
AI generatedArt. 18 § 1 i 2 Kodeksu pracy
Art. 83 § 1 Kodeksu cywilnego
Art. 393 § 12 Kodeksu postępowania cywilnego