Legislator Case Law & Legislation
I UK 316/10 AI generated

Supreme Court dismissed appeal; employer-employee relationship requires subordination, time, place, and pay, absent in liquidator role.

Case Number I UK 316/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Stefan K.'s cassation appeal against the Social Insurance Fund's decision denying his social insurance status. Although K. was a shareholder and liquidator of a company in liquidation, the court found no employer-employee relationship existed because he received no wages, was not subordinate, and had no fixed work hours or location. The court ruled that the legal relationship between K. and the company lacked the essential characteristics of employment defined in the Labor Code, specifically the absence of subordination and remuneration.

Legislator headnote

AI generated

Art. 22 § 1 k.p.; Art. 398 § 2 k.p.c.; An employer-employee relationship requires subordination, fixed time and place of work, and remuneration, which are absent when a person acts solely as a liquidator without these elements.

Keywords

AI generated
employer employee relationship liquidator status social insurance coverage labor code requirements subordination absence cassation appeal dismissal remuneration requirement

Cited Legislation

AI generated
Art. 22 § 1 k.p.
Art. 398 § 2 k.p.c.
Art. 328 § 2 k.p.c.
Art. 391 § 1 k.p.c.
art. 22 § 1 k.p
art. 328 § 2 k.p.c
art. 391 § 1 k.p.c
art. 58 § 1 k.c
art. 300 k.p
art. 210 k.s.h

Cited Case Law

AI generated

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