Legislator Case Law & Legislation
I PKN 484/98 AI generated

Supreme Court dismissed cassation, ruling that overtime pay and subordination prove an employment relationship over civil contracts.

Case Number I PKN 484/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 3 KP
Art. 22 § 11 KP
Art. 734 KC
Art. 738 KC
Art. 393 § 1 KPC

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