Legislator Case Law & Legislation
I PKN 458/98 AI generated

Supreme Court dismisses appeal in labor dispute where a third party performed duties under a contract for services.

Case Number I PKN 458/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 22 § 1 KP
Art. 738 § 1 KC
Art. 750 KC
Art. 8 KP
Art. 645 § 1 KC

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