Supreme Court quashes social security dismissal due to failure to notify excluded employee, allowing retrial.
Polen (PL)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court quashed the lower court's dismissal of the insured's appeal regarding his social security status and benefits. The insured had been excluded from employment-based social insurance after a final ruling declared his employment contract with the employer fictitious. The Supreme Court found the lower courts violated procedural rules by failing to notify the insured, who was a party to the dispute, of the proceedings, thereby depriving him of the right to defend his rights.
Legislator-Regeste
KI-generiertArt. 47711 § 1 k.p.c.; Art. 379 pkt 5 k.p.c.; Art. 366 k.p.c.; Art. 365 k.p.c.; Art. 244 k.p.c.; Art. 39311 § 1 in fine k.p.c. - When an employee is excluded from social insurance, the exclusion decision and subsequent proceedings regarding benefits must be notified to the employee as a party; failure to do so violates the right to defense and renders the proceedings void.