Charakter prawny roszczenia o ustalenie istnienia stosunku pracy – wybrane zagadnienia
The Legal Character of the Claim for Determining the Existence of an Employment Relationship: Selected Issues

Summary/Abstract: The claim for determining the existence of an employment relationship is one of the claims that arise in labour law disputes. This claim is explicitly indicated and distinguished under the provisions of the Civil Procedure Code. Pursuant to Article 476(1)(11) of the Civil Procedure Code, labour law cases include cases seeking to determine the existence of an employment relationship if the legal relationship between the parties – contrary to the contract concluded between them – has the features of an employment relationship. Such a distinction by lawmakers speaks to the important role and legal significance of the above-mentioned claim. This article addresses selected issues concerning the claim for determining the existence of an employment relationship in light of litigation issues and experiences.

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