I PKN 458/98
AI generated
Supreme Court dismisses appeal in labor dispute where a third party performed duties under a contract for services.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding a labor relationship dispute. The lower court found that while the plaintiff signed a contract for services, his father actually performed the insemination duties under the employer's supervision. The court ruled that the personal nature of work under a labor contract prohibits delegating tasks to a third party, unlike contracts for services which allow such delegation with consent.
Legislator headnote
AI generatedArt. 22 § 1 KP; Art. 738 § 1 KC; Art. 750 KC; Art. 8 KP: A clause permitting the performance of services by a third party is inadmissible in a labor contract due to the personal nature of labor, whereas it is permissible in contracts for services.
Keywords
AI generated
labor contract
contract for services
third party performance
personal nature of work
delegation of duties
cassation appeal
employment relationship
Cited Legislation
AI generatedArt. 22 § 1 KP
Art. 738 § 1 KC
Art. 750 KC
Art. 8 KP
Art. 645 § 1 KC