I PKN 293/98
Generato dall'IA
Supreme Court dismisses appeal when employment contract features lack subordination, favoring civil contract terms.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by Grzegorz A. against Hubert N., rejecting the claim of an employment relationship. The lower court found that while the plaintiff performed various tasks, he lacked subordination as he organized his own work, time, and tools without fixed hours or attendance records. The court ruled that in the absence of dominant employment characteristics, the formal name and execution of the civil contract determine the legal relationship.
Regesto Legislator
Generato dall'IAArt. 22 § 1 1 KP; Art. 393 § 12 KPC; If the characteristics of an employment relationship do not prevail, the name and manner of performance of the obligation determine its nature.
Parole chiave
Generato dall'IA
employment relationship
subordination test
civil contract
cassation appeal
labor law qualification
Disposizioni normative citate
Generato dall'IAArt. 22 § 1 1 KP
Art. 393 § 12 KPC
Art. 102 KPC