Supreme Court allows labor dispute appeal regarding employee subordination in creative work contracts.
Legislator summary
AI generatedThe Supreme Court of Poland quashed the lower court's dismissal of Andrzej S.'s claim against Telewizja Polska S.A. to establish an employment relationship. The lower court rejected the claim because the employer offered only project-based contracts without explicit promises of permanent employment, arguing no subordination existed. However, the Supreme Court found that the employee's strict adherence to schedules, assigned tasks, and the nature of television production work demonstrated sufficient subordination to constitute an employment relationship, despite the contractual form. Consequently, the case was remanded to the district court for a new decision on the merits.
Legislator headnote
AI generatedArt. 22 § 1 Kodeksu Pracy; Art. 627 Kodeksu Cywilnego: Subordination in an employment relationship may exist even when the contract is labeled as a project agreement, provided the employee performs work under the employer's direction and control, particularly in creative professions where the employer dictates the schedule and specific tasks.