II UKN 37/96
KI-generiert
Supreme Court dismisses appeal; self-employment contract in one-person LLC is void due to lack of subordination.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal regarding the invalidity of employment contracts between a sole shareholder and the one-person company he founded. The lower courts found that the contracts lacked essential elements of employment, specifically the element of subordination, because the shareholder was effectively contracting with himself. Consequently, the court ruled that such agreements are void as an attempt to circumvent labor law requirements.
Legislator-Regeste
KI-generiertArt. 203 KH; Art. 58 KC; Art. 83 KC: Employment contracts between a sole shareholder and a one-person LLC are void due to lack of subordination and constitute a sham to evade labor law.
Schlagwörter
KI-generiert
one-person LLC
sole shareholder
employment contract
lack of subordination
void contract
labor law evasion
self-employment
Zitierte Gesetzesbestimmungen
KI-generiertArt. 203 KH
Art. 58 KC
Art. 83 KC
Art. 393 § 12 KPC