I PKN 65/99
AI generated
Supreme Court dismissed cassation, ruling employment contract substance overrides name under Labor Code.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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