Supreme Court dismisses appeal; bank outsourcing requires agency contract per Banking Law Art. 6a and Civil Code Art. 758.1.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former employee against a bank regarding the nature of their contractual relationship. The plaintiff argued that despite signing an agency agreement, the actual performance and statutory requirements for bank outsourcing mandated a labor relationship under the Labor Code. The court ruled that the specific prohibition on outsourcing banking activities through labor contracts, combined with the parties' clear intent and the legal requirement for an agency contract, definitively established an agency relationship rather than employment.
Legislator headnote
AI generatedArt. 6a ust. 1 Prawa bankowego; Art. 758 § 1 k.c.; Art. 3531 k.c.; Art. 65 k.c.; Art. 22 k.p. - Outsourcing of banking activities involving intermediation and factual acts is permissible only via an agency contract; where such statutory constraints exist and parties manifest intent for an agency agreement, the labor code's primacy over freedom of contract does not apply to reclassify the relationship as employment.