Legislator Case Law & Legislation
I PKN 65/99 AI generated

Supreme Court dismissed cassation, ruling employment contract substance overrides name under Labor Code.

Case Number I PKN 65/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the plaintiff against a lower court's finding of an employment relationship. The plaintiff argued that successive service contracts were civil agreements, while the court determined the actual work performed and conditions established an employment relationship under the Labor Code. The court ruled that the substance of the agreement, including work performed under supervision, prevails over the contract's label, and no error in interpretation occurred.

Legislator headnote

AI generated

Art. 22 § 1, 11 KP; The existence of an employment relationship is determined by the substance of the agreement and actual work conditions, not by the contract's name, and no specific harm or mistake is required for its application.

Keywords

AI generated
substance over form employment relationship Labor Code contract interpretation cassation appeal supervision work conditions

Cited Legislation

AI generated
Art. 22 § 1 and 11 of the Labor Code
Art. 2 of the Labor Code
Art. 11 of the Labor Code
Art. 22 § 4 of the Labor Code
Art. 393 § 12 of the Code of Civil Procedure

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