Employer paying workers via third party is not an employer; contract termination rules apply. Dismissed. Workers' rights protected.

The Supreme Court dismissed the cassation appeal filed by a construction company against a labor court judgment awarding wages to Polish workers. The court found that the company remained the sole employer despite paying wages through a foreign contractor due to the contractor's failure to fulfill obligations. Consequently, the court ruled that the employment contracts had not been terminated and applied specific provisions regarding compensation for fixed-term contracts and overtime work. The decision affirmed that the identity of the actual payer does not alter the legal employer-employee relationship. The court emphasized that workers were entitled to additional pay for hours exceeding the daily limit without compensatory time off.