Supreme Court dismissed cassation, ruling Art. 22 § 11 KP does not create a legal presumption of employment contracts.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by Wiesława S. against a lower court's decision denying her claim to establish an employment relationship. The plaintiff argued that Article 22 § 11 of the Code of Civil Procedure creates a legal presumption of employment when five specific features are present, regardless of the contract's formal name. The Court rejected this, holding that the statute does not establish such a presumption or legal fiction and that contract classification relies on the parties' mutual intent and a typological comparison of features rather than a rigid checklist.
Regeste Legislator
Généré par l'IAArt. 22 § 11 Kodeksu postępowania cywilnego; The provision does not create a legal presumption or fiction of an employment contract, and contract qualification must be determined through a typological method based on the parties' mutual intent rather than a mandatory checklist of features.