Legislator Case Law & Legislation
I PK 311/07 AI generated

Supreme Court dismissed cassation, ruling labor law applies to civil contracts with employment characteristics.

Case Number I PK 311/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a journalist against a lower court's finding of an employment relationship. The appellant argued that a civil contract between the radio station and the journalist was invalid because the individual director held the broadcasting license, not the company. The court held that Article 22 of the Labor Code applies even when parties in good faith sign civil contracts if the work's substance matches employment characteristics. Consequently, the court affirmed the lower court's determination that the journalist was effectively employed by the company.

Legislator headnote

AI generated

Art. 22 § 1, 11 k.p.; Art. 431 k.c.; A labor relationship exists even if parties in good faith conclude a civil law contract, provided the contract's content or execution corresponds to the characteristics of an employment relationship.

Keywords

AI generated
labor code employment civil contract characteristics good faith parties substance over form radio broadcasting license employee status determination cassation appeal dismissal

Cited Legislation

AI generated
Art. 22 § 1 k.p.
Art. 11 k.p.
Art. 431 k.c.
Art. 3531 k.c.
Art. 331 § 1 k.c.
§ 39814 k.p.c.
art. 3531 k.c
art. 22 § 11 k.p
art. 22 § 1 k.p
art. 22 k.p

Cited Case Law

AI generated

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