Legislator Case Law & Legislation
I PKN 594/99 AI generated

Supreme Court dismissed cassation, ruling parties may choose employment basis based on execution method, not task subject.

Case Number I PKN 594/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Monika R. against the Regional Court's decision. The Regional Court found that despite identical tasks to her previous employment, the new agreements were legally contracts for services because payment depended on submitted invoices and the work was performed independently. The Supreme Court upheld this, stating that parties have the freedom to choose the legal basis of employment based on how work is executed rather than its subject matter.

Legislator headnote

AI generated

art. 3531 KC w związku z art. 300 KP; The parties are free to choose the legal basis of employment based on the manner of execution of the work, not the subject of the obligation.

Keywords

AI generated
freedom of choice employment contract for services employment relationship manner of execution cassation appeal dismissal

Cited Legislation

AI generated
art. 3531 KC w związku z art. 300 KP
art. 39312 KPC
art. 3933 KPC
art. 39311 KPC
art. 22 § 1 KP
art. 22 § 11 KP

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