Supreme Court dismissed appeal; civil agency contract elements outweighed labor law features in employment dispute.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal regarding an employment relationship dispute between a plaintiff and a fuel company. The lower courts found that while the relationship contained labor law elements, the prevailing characteristics were those of a civil agency contract, specifically citing the mutual agreement on work schedules and the 'overtime' of vacation days. The court ruled that the statutory duty to conduct evidence ex officio does not compel a finding of employment if the overall balance of facts supports a civil arrangement.
Regesto Legislator
Generato dall'IAArt. 22 § 11 KP; Art. 477 § 11 KPC: The existence of a labor relationship depends on the predominance of labor law features over civil law elements, and the court's duty to conduct evidence ex officio does not mandate a finding of employment when the relationship is predominantly civil.