Legislator Case Law & Legislation
II UKN 310/98 AI generated

Supreme Court dismissed cassation; employment contract deemed fake; facts show civil work contract instead.

Case Number II UKN 310/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 18 § 1 i 2 Kodeksu pracy
Art. 83 § 1 Kodeksu cywilnego
Art. 393 § 12 Kodeksu 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