Legislator Case Law & Legislation
I PKN 508/00 AI generated

Supreme Court dismisses cassation; labor relations exist despite service contract labels.

Case Number I PKN 508/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against the labor inspector's determination of employment relationships. The court found that the lower courts correctly identified the parties' intent and the subordinate nature of the work, which outweighed the contractual labels of 'service agreements.' Consequently, the court ruled that the existence of a labor relationship depends on the actual conditions of work rather than the form of the contract.

Legislator headnote

AI generated

Art. 22 § 11 KP; Art. 65 § 2 KC: A labor relationship exists if the actual conditions of work demonstrate subordination, regardless of the contract's nominal title or the parties' expressed intent to create a civil-law service relationship.

Keywords

AI generated
labor relationship determination subordination criteria service contract mislabeling intent of parties labor law vs civil law cassation dismissal work conditions analysis

Cited Legislation

AI generated
Art. 22 § 11 KP
Art. 65 § 2 KC
Art. 393 § 1 and 2 KPC
Art. 393 § 2 KPC

Cited Case Law

AI generated

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