Legislator Case Law & Legislation
I PKN 594/00 AI generated

Supreme Court dismissed cassation on work contract classification based on actual performance over written terms.

Case Number I PKN 594/00
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 a lower court's order to issue a work certificate. The plaintiff claimed a contract for services existed, but the court found that the actual performance of duties under the employer's direct supervision established a work relationship despite the written agreement's labels. The court ruled that the substantive elements of employment outweigh the formal contract terms, confirming the lower courts' correct assessment under the Labor Code.

Legislator headnote

AI generated

Art. 22 § 1 KP; Art. 189 KPC; When the actual performance of duties deviates from the written contract terms, the factual reality determines the nature of the relationship, establishing a work contract if the employee is subject to direct supervision and control.

Keywords

AI generated
Labor Code Work Contract Contract for Services Actual Performance Direct Supervision Cassation Appeal Employment Relationship

Cited Legislation

AI generated
Art. 22 § 1 KP
Art. 189 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated

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