I PK 123/09
AI generated
Supreme Court voids sham volunteer contracts hiding paid employment as labor relations under Polish law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a dispute over whether a worker had a labor relationship with a trade union. The court found that a contract labeled as a volunteer agreement was a sham designed to conceal actual paid employment and subordination. Consequently, the court declared the volunteer contract absolutely void and recognized the underlying relationship as a labor contract.
Legislator headnote
AI generatedart. 83 § 1 zd. 1 k.c.; art. 22 § 11 k.p.: A volunteer contract concluded in bad faith to hide paid employment and subordination is absolutely void, and the hidden relationship constitutes a labor contract.
Keywords
AI generated
sham contract
labor relations
volunteer agreement
paid employment
void contract
subordination
trade union
Cited Legislation
AI generatedart. 83 § 1 zd. 1 k.c.
art. 22 § 11 k.p.
art. 22 § 11 k.p
art. 22 § 1 k.p
art. 22 k.p
art. 83 k.c
art. 58 k.c
art. 83 § 1 k.c
art. 300 k.p
art. 3531 k.c