Legislator Case Law & Legislation
II UKN 394/98 AI generated

Supreme Court dismisses cassation; self-employment claim rejected due to economic dependence despite voting conflict.

Case Number II UKN 394/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Krzysztof S. against a social insurance decision regarding his employment status. The lower court found that although S. was economically dependent on the company he co-founded, the lack of subordination to his own management body meant the relationship was civil, not labor-based. The court ruled that the conflict of interest in setting his own salary did not invalidate the employment contract, as the core element of subordination was absent.

Legislator headnote

AI generated

Art. 22 § 1 k.r.s.; Art. 31 § 1 k.r.s.; Art. 235 KH; Art. 58 § 1 KC; Art. 13 k.r.s.; Art. 78 § 1 k.r.s.; Art. 393 § 1 KPC: A conflict of interest in determining one's own remuneration does not negate an employment contract if the worker remains economically dependent on the employer.

Keywords

AI generated
employment status determination economic dependence conflict of interest social insurance coverage labor law subordination cassation appeal dismissal self-employment distinction

Cited Legislation

AI generated
Art. 22 § 1 k.r.s.
Art. 31 § 1 k.r.s.
Art. 235 KH
Art. 58 § 1 KC
Art. 13 k.r.s.
Art. 78 § 1 k.r.s.
Art. 393 § 1 KPC

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