I PK 182/07
AI generated
Supreme Court dismisses labor contract claim where employees freely schedule shifts for a service facility.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiffs' cassation appeal regarding their employment status with the defendant. The court found that while the plaintiffs worked in designated hours, they freely determined which of them and when to work, a characteristic of civil law contracts rather than employment relationships. Consequently, the lower court's finding that these agreements were not employment contracts was upheld, and the case was remanded for cost allocation.
Legislator headnote
AI generatedArt. 22 k.p.; Art. 2951 k.p.: Agreements where two persons are obligated to provide work ensuring a facility's operation in designated hours but freely determine who and when to work do not constitute employment contracts unless a group work organization regulation is in force.
Keywords
AI generated
employment contract
civil law contract
group work organization
work schedule freedom
labor law classification
service facility operation
casation appeal
Cited Legislation
AI generatedArt. 22 k.p.
Art. 2951 k.p.
Art. 140 k.p.
Art. 129 k.p.
Art. 2951 § 3 k.p.
Art. 398 § 1 k.p.c.
art. 22 k.p
art. 22 § 1 k.p
art. 22 § 12 k.p
art. 300 k.p
Cited Case Law
AI generatedIII PZP 2/02
Employer without union can validly introduce group work regulation under Labor Code Art. 2951 § 1.
C II Rw 366/33
OSN 1933, poz. 174
OSP 2003 nr 7-8, poz. 86
V CSK 11/06
RZECZYPOSPOLITEJ POLSKIEJ Dnia 26 kwietnia 2006 r.
II CSK 136/05
Supreme Court dismisses appeal on procedural grounds regarding evidence evaluation and cost modification rules.
I PK 250/05
Supreme Court allows appeal against dismissal of claim to correct employment certificate under Civil Procedure Code.
I PK 146/05
Supreme Court allows labor claim dismissal reversal when civil law issues are wrongly filed in labor court.