Supreme Court dismisses appeal, ruling mixed employment and civil contracts for identical tasks constitute an attempt to evade labor law.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal, remanding the case to the Court of Appeal in Łódź for a new decision. The plaintiff argued that a contract mixing employment and civil law terms for the same radio production duties was a sham to bypass labor protections. The Court held that performing identical tasks under both contract types simultaneously violates the principle of a single employment relationship and constitutes an attempt to evade statutory rights.
Regeste Legislator
Généré par l'IAArt. 115 § 1 k.k.; Art. 233 § 1 k.p.c.; Art. 328 § 2 k.p.c.; Art. 316 § 1 k.p.c.; Art. 391 § 1 k.p.c.; Art. 386 § 4 k.p.c.; Art. 3983 § 3 k.p.c.; Art. 39815 § 1 k.p.c.: An employer and employee cannot perform the same duties partially under an employment contract and partially under a civil law contract, as this structure constitutes an attempt to evade labor and social security laws.