Poland: a first judgement on the existence of an employment contract for a “self-employed” person

The Labour Court of Rzeszow, on first hearing, has decided in favour of a “sales representative” of the alcohol manufacturer Polmos, who was registered as a self-employed person. The court recognized the existence of an employment relationship between both sides. This judgment can be the beginning of an extremely important case law. (Ref. 06405)
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M. Dobrzanski has signed a “commission contract” with Wratislavia Polmos Wroclaw (best-efforts obligation contract according to which one party is committed towards another party to do something in particular and which is subjected to Civil Code and not to Labour Code). Thereafter, the company asked him to create a self-employment company. In October 2004, the company stopped cooperating with him. M. Dobrzanski has referred the matter to the Labour Court, asking that the existence of a...

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