Legislator Case Law & Legislation
II UKN 37/96 AI generated

Supreme Court dismisses appeal; self-employment contract in one-person LLC is void due to lack of subordination.

Case Number II UKN 37/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 headnote

AI generated

Art. 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.

Keywords

AI generated
one-person LLC sole shareholder employment contract lack of subordination void contract labor law evasion self-employment

Cited Legislation

AI generated
Art. 203 KH
Art. 58 KC
Art. 83 KC
Art. 393 § 12 KPC

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