I PKN 876/00
AI generated
Supreme Court rules that multiple subordinate jobs for one employer imply a single employment relationship.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision to restore the plaintiff to his position as a doctor and director. The court held that performing multiple subordinate tasks for the same employer creates a presumption of a single employment relationship rather than separate contracts. Consequently, the case was remanded for the lower court to determine the specific legal relationship between the medical and administrative roles.
Legislator headnote
AI generatedArt. 115 § 1 k.p.; Art. 393 § 1 k.p.c.: When an employee performs several types of subordinate work for the same employer, it is presumed that a single employment relationship exists, unless such a structure causes legal dysfunctionality.
Keywords
AI generated
single employment relationship
multiple subordinate jobs
same employer presumption
remand for retrial
labor law doctrine
Cited Legislation
AI generatedArt. 115 § 1 k.p.
Art. 393 § 1 k.p.c.
art.70 § 2 k.p
art. 72 § 1 k.p
art. 57 § 1 k.p
art. 47 k.p
art. 69 k.p
art.57 § 3 k.p
art. 47 § 2 k.p
art.134 k.p