Legislator Case Law & Legislation
II UZP 3/95 AI generated

Supreme Court rules employee of civil company must be insured as worker unless managing the firm.

Case Number II UZP 3/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a family member of a business owner employed by a civil company falls under worker or self-employed insurance. The Social Insurance Fund had denied worker status, arguing the employee was merely a collaborator under specific statutes. The Court ruled that because the civil company is a legal entity capable of hiring, the employee must be insured as a worker provided their duties do not include managing or representing the firm.

Legislator headnote

AI generated

Art. 26 ust. 2 ustawy o ubezpieczeniu społecznym osób prowadzących działalność gospodarczą; Art. 4 ust. 1 ustawy o organizacji i finansowaniu ubezpieczeń społecznych: An employee of a civil company is subject to the worker insurance system unless their duties involve the management or representation of the company.

Keywords

AI generated
civil company employment social insurance system worker status determination family member employee management duties exclusion

Cited Legislation

AI generated
Art. 26 ust. 2 of the Social Insurance Act for Self-Employed Persons and Their Families of 18 December 1976
Art. 4 ust. 1 of the Act on the Organization and Financing of Social Insurance of 25 November 1986
Art. 2 ust. 2 of the Act on Business Activity of 23 December 1988
Art. 3 of the Labor Code
art. 391 k.p.c
art. 3 k.p

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text