I PKN 484/98
AI generated
Supreme Court dismissed cassation, ruling that overtime pay and subordination prove an employment relationship over civil contracts.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the defendant against a labor court judgment. The lower courts established that the plaintiffs, despite signing civil service contracts, were actually employees due to personal work performance, strict discipline, and the payment of overtime wages. The court ruled that the presence of subordination and overtime compensation, regardless of the contract's label, definitively proves an employment relationship under the Labor Code.
Legislator headnote
AI generatedArt. 3 KP; Art. 22 § 11 KP: The existence of an employment relationship is determined by the predominance of subordination and the payment of overtime wages, rendering the formal label of a civil contract irrelevant.
Keywords
AI generated
labor relationship
employment contract
subordination
overtime wages
cassation appeal
civil contract
labor code
Cited Legislation
AI generatedArt. 3 KP
Art. 22 § 11 KP
Art. 734 KC
Art. 738 KC
Art. 393 § 1 KPC