Supreme Court dismisses appeal; contract type determined by substance, not name or party intent.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal against a labor court ruling that classified the plaintiff's employment as a service contract rather than an employment contract. The plaintiff argued procedural violations and claimed the lower court erred in assessing evidence regarding the nature of her work, which involved cleaning and meal preparation without direct supervision. The court held that the legal nature of a contract is determined by its actual substance and the absence of subordination, not by the parties' stated intent or the contract's title.
Regesto Legislator
Generato dall'IAArt. 233 § 1 KPC; Art. 235 KPC; The legal nature of a contract is determined by its substantive content and the actual relationship between the parties, not by the parties' declared intent or the contract's designation.