Date: 15 October 2025
Our firm’s team, comprising Mariusz Maksis and Łukasz Chruściel, successfully represented the employer in a dispute concerning the determination of the existence of an employment relationship in place of a B2B collaboration arrangement. The court dismissed the claim in its entirety, accepting the arguments we put forward during the proceedings.
Background to the case
The claimant – following the termination of his working relationship with our client – brought a claim seeking a declaration that an employment relationship had existed and an order for the payment of benefits associated with employment. The key issue in dispute was whether the manner in which the contract was performed corresponded to the characteristics typical of an employment relationship.
The court’s position
Following extensive evidential proceedings, the court found that the evidence gathered did not confirm the existence of the elements of an employment relationship. In particular, the court noted:
– the failure to demonstrate the subordination characteristic of an employment relationship,
– the manner in which the cooperation was organised, indicating a significant degree of autonomy on the part of the contractor,
– the circumstances surrounding the conclusion and performance of the contract, confirming the civil law nature of the relationship.
Consequently, the court dismissed the claim in its entirety.
