Legislator Case Law & Legislation
I PKN 256/00 AI generated

Supreme Court dismissed appeal; mixed employment/civil contract deemed civil due to lack of subordination and third-party replacement.

Case Number I PKN 256/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling that rejected the plaintiff's claim for overtime pay and other employment benefits. The court found that while the relationship had elements of both employment and civil contracts, the presence of third-party replacement and lack of subordination meant the prevailing nature was civil. Consequently, the court held that the lower courts correctly interpreted the law and applied it to the established facts without error.

Legislator headnote

AI generated

Art. 22 § 1 KP; Art. 734 § 1 KC; When a legal relationship exhibits both employment and civil characteristics, the relationship is deemed employment only if subordination prevails; if elements alien to employment exist, the relationship is civil regardless of the contract's label.

Keywords

AI generated
mixed employment contract lack of subordination third party replacement cassation appeal civil law contract overtime compensation legal characterization

Cited Legislation

AI generated
Art. 22 § 1 KP
Art. 734 § 1 KC
Art. 750 KC
Art. 393 § 11 KPC
Art. 393 § 12 KPC

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