Supreme Court finds employment relationship based on actual work control, not contract label.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim to establish an employment relationship. The court found that while the contract was labeled as a mandate, the plaintiff's actual work involved subordination and following orders without a fixed schedule. Consequently, the court ruled that the substance of the work, rather than the contract's title, determines the legal nature of the relationship.
Legislator headnote
AI generatedUstawa o prawie pracy; Kodeks postępowania cywilnego: When the nature of a legal relationship involves mixed features of employment and civil contracts, the prevailing characteristic of the actual performance of duties, specifically subordination and obedience to orders, determines the existence of an employment relationship.