Legislator Case Law & Legislation
I PK 201/09 AI generated

Supreme Court dismissed claim that a parish priest's religious service employment constitutes a labor relationship.

Case Number I PK 201/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Andrzej B.'s cassation appeal against the dismissal of his claim to establish a labor relationship with the Evangelical-Augsburgian Parish. The plaintiff argued that his appointment as a parish priest involved a labor contract, while the parish contended that his role was governed by internal church law and ecclesiastical hierarchy. The court ruled that such religious service employment falls outside the Labor Code due to the constitutional principle of church-state separation and the specific nature of ecclesiastical mandates.

Legislator headnote

AI generated

Art. 1 ust. 1 k.r.s.; Art. 10 ust. 1 Konstytucji RP: Employment of a priest in purely religious duties does not constitute a labor relationship because it is governed by internal church law and ecclesiastical hierarchy, thereby respecting the constitutional principle of separation of church and state.

Keywords

AI generated
labor relationship church-state separation ecclesiastical mandate parish priest status internal church law

Cited Legislation

AI generated
Art. 1 ust. 1 k.r.s.
Art. 10 ust. 1 Konstytucji RP
§ 21 Zasadniczego Prawa Wewnętrznego
art. 6 ust. 1 pkt 1 i 10 i art. 11 ust. 1 i 2 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych
art. 461 §1 k.p.c
art. 77 Konstytucji RP
art. 25 Konstytucji
art. 461 § 11 k.p.c
art. 373 k.p.c
art. 394 § 1 k.p.c

Cited Case Law

AI generated

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