Supreme Court dismissed cassation, ruling employment relationship existed due to shift work and subordination.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by the Social Insurance Institution against the appellate court's decision. The appellate court had found that the claimant worked under an employment relationship rather than a civil contract, establishing a work-related accident. The Supreme Court rejected the argument that short-term contracts and anonymous social security payments negated the existence of an employment relationship, emphasizing factors like shift work and subordination.
Regesto Legislator
Generato dall'IAArt. 393 § 11 KPC; Art. 393 § 12 KPC; The Supreme Court may dismiss a cassation appeal when the lower court correctly determined that the claimant was an employee based on the characteristics of the work relationship, such as shift work and subordination, despite the employer's attempt to classify the relationship as a civil contract.