Legislator Case Law & Legislation
II PK 253/04 AI generated

Hunting guard employment under contract for services is valid; no statutory form required.

Case Number II PK 253/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that terminated the employment relationship between a hunting guard and his club. The court found that the plaintiff's work lacked the essential elements of subordination and personal service required for an employment contract, instead fitting the characteristics of a civil law contract for services. Consequently, the court upheld the lower court's decision that the relationship was not an employment one.

Legislator headnote

AI generated

Art. 63 Prawa łowieckiego; The legal form of employing hunting guards is not prescribed by statute, and in cases of doubt, the qualification must be based on the specific circumstances, examining whether the employment exhibits the characteristics of an employment relationship or a civil law contract.

Keywords

AI generated
hunting guard employment contract for services employment relationship subordination test civil law contract Supreme Court cassation labor law qualification

Cited Legislation

AI generated
Art. 233 k.p.c.
Art. 328 § 2 k.p.c.
Art. 382 k.p.c.
Art. 393 § 12 k.p.c.
Art. 63 Prawa łowieckiego
art. 81 k.p
art. 8 k.p
art. 65 § 2 k.c
art. 22 § 1 k.p
art. 58 § 1 k.c

Cited Case Law

AI generated

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