Legislator Case Law & Legislation
I PKN 127/00 AI generated

Supreme Court dismissed appeal; contract for work deemed not employment due to lack of subordination.

Case Number I PKN 127/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a lecturer against a lower court's finding that his relationship with a language center was a contract for work rather than employment. The appellant argued that the work involved teaching children and that the employer exercised managerial control, yet the court found no subordination. The court ruled that the appellant had significant freedom regarding teaching schedules and program content, and his remuneration depended on course enrollment rather than time worked, establishing that the legal relationship lacked the essential elements of employment under the relevant code.

Legislator headnote

AI generated

Art. 22 § 1 Kodeksu pracy; Art. 393 § 1, 2 Kodeksu postępowania cywilnego: A contract for work is distinguished from an employment relationship by the absence of subordination and personal obligation, where the worker retains significant autonomy over the execution of tasks and remuneration is not strictly tied to time worked.

Keywords

AI generated
contract for work employment relationship subordination personal obligation cassation appeal labor law freedom of execution

Cited Legislation

AI generated
Art. 22 § 1 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego
Art. 393 § 2 Kodeksu postępowania cywilnego

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