Legislator Case Law & Legislation
I PKN 535/98 AI generated

Supreme Court dismissed appeal; civil agency contract elements outweighed labor law features in employment dispute.

Case Number I PKN 535/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding an employment relationship dispute between a plaintiff and a fuel company. The lower courts found that while the relationship contained labor law elements, the prevailing characteristics were those of a civil agency contract, specifically citing the mutual agreement on work schedules and the 'overtime' of vacation days. The court ruled that the statutory duty to conduct evidence ex officio does not compel a finding of employment if the overall balance of facts supports a civil arrangement.

Legislator headnote

AI generated

Art. 22 § 11 KP; Art. 477 § 11 KPC: The existence of a labor relationship depends on the predominance of labor law features over civil law elements, and the court's duty to conduct evidence ex officio does not mandate a finding of employment when the relationship is predominantly civil.

Keywords

AI generated
labor relationship agency contract overtime vacation ex officio evidence predominance of features

Cited Legislation

AI generated
Art. 22 § 11 KP
Art. 477 § 11 KPC
Art. 233 § 1 KPC
Art. 393 § 12 KPC

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