Legislator Case Law & Legislation
I PKN 517/98 AI generated

Labor relations dismissed; specific cable installation tasks without individual duties or wages do not constitute employment.

Case Number I PKN 517/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor inspector's order to establish an employment relationship between a worker and a civil company. The court found that the workers performed specific cable installation tasks under a general agreement without defined individual duties, remuneration, or specific work locations, which lacks the essential characteristics of an employment contract. Consequently, the court held that supervision by a construction manager does not automatically create subordination, and the case was remanded for a new assessment based on the correct legal interpretation.

Legislator headnote

AI generated

Art. 1 Kodeksu pracy; Art. 65 Kodeksu cywilnego: The performance of specific tasks under a general agreement without defined individual duties, remuneration, or location does not constitute an employment relationship, as subordination is not established merely by supervision.

Keywords

AI generated
employment relationship labor law subordination civil company remuneration cable installation casation appeal

Cited Legislation

AI generated
Art. 1 Kodeksu pracy
Art. 65 Kodeksu cywilnego
Art. 382 Kodeksu postępowania cywilnego
Art. 235 Kodeksu postępowania cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego

Cited Case Law

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