Legislator Case Law & Legislation
I PKN 876/00 AI generated

Supreme Court rules that multiple subordinate jobs for one employer imply a single employment relationship.

Case Number I PKN 876/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

Cited Case Law

AI generated

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