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I PKN 133/00 AI generated

Supreme Court dismissed appeal; hourly rate in contract does not prove employment relationship.

Case Number I PKN 133/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding the existence of an employment relationship. The lower court found that the plaintiff was an employee based on subordination and hourly pay, despite the written contracts being for work done. The Court ruled that an hourly rate is not exclusive to employment and that the lack of subordination, proven by facts, meant the relationship was civil, not labor.

Legislator headnote

AI generated

Art. 22 § 1, § 11 Kodeksu pracy; Art. 627, 628 § 1 Kodeksu cywilnego: The existence of an employment relationship depends on the predominance of subordination, not on the hourly rate or the name of the contract.

Keywords

AI generated
employment relationship work done contract subordination test hourly rate labor law vs civil law

Cited Legislation

AI generated
Art. 22 § 1 Kodeksu pracy
Art. 22 § 11 Kodeksu pracy
Art. 627 Kodeksu cywilnego
Art. 628 § 1 Kodeksu cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego

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