Legislator Case Law & Legislation
I PKN 617/98 AI generated

Supreme Court dismissed appeal; employer-employee contract invalid due to lack of subordination under Art. 22 KP.

Case Number I PKN 617/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Piotr M. against the Fund for Guaranteed Employee Benefits. The plaintiff argued that a contract with himself was void under the Civil Code, but the Court found the lower courts correctly determined that no employment relationship existed because the plaintiff, as the sole shareholder and president, exercised no subordination. The Court ruled that the absence of subordination negated the essential element of an employment contract under Article 22 of the Labor Code, thereby exempting the Fund from liability.

Legislator headnote

AI generated

Art. 22 § 1 KP; Art. 58 § 1 KC: A contract between a sole shareholder and the company they control lacks the essential element of subordination required for an employment relationship, meaning the Fund for Guaranteed Employee Benefits bears no liability.

Keywords

AI generated
employment relationship subordination requirement sole shareholder labor code fund liability cassation appeal contract validity

Cited Legislation

AI generated
Art. 22 § 1 KP
Art. 58 § 1 KC
Art. 83 § 1 KC
Art. 3931 pkt 2 KPC
Art. 233 KPC
Art. 382 KPC

Cited Case Law

AI generated

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