Supreme Court dismissed cassation; work relationship exists despite lack of written contract or business activity.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against the lower court's decision to restore the employee to work. The lower courts established that a labor relationship existed from April to October 1998 based on oral agreement, full-time hours, and witness testimony, despite the employer's lack of written contract and temporary business closure. The court rejected the employer's arguments regarding procedural errors and material law violations, affirming that the cessation of business activity does not preclude a labor relationship if workers are employed.
Legislator headnote
AI generatedArt. 25 § 1 Kodeksu pracy; Art. 740 Kodeksu cywilnego; Art. 233 § 1 Kodeksu postępowania cywilnego; Art. 382 Kodeksu postępowania cywilnego; Art. 393 § 12 Kodeksu postępowania cywilnego: A labor relationship exists even without a written contract or if the employer temporarily ceases business activities, provided the employee performs work under subordination.