Legislator Case Law & Legislation
II URN 24/95 AI generated

Supreme Court quashes labor agency's social security liability due to insufficiently proven employment contracts abroad.

Case Number II URN 24/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's decision ordering a Polish labor agency to pay social security contributions for workers sent abroad. The agency argued it only acted as a sub-intermediary, matching Polish job seekers with foreign agencies that handled the actual employment, rather than concluding direct employment contracts itself. The Court found the lower courts erred by failing to verify whether the workers were actually employed by the agency or by other entities, noting that contributions were already paid by third parties for these individuals.

Legislator headnote

AI generated

Art. 29 ust. 1 ustawy o zatrudnieniu; Art. 422 § 2 k.p.c.: The Supreme Court must quash a judgment if it was rendered in a case not sufficiently clarified for a final decision, particularly when the agency's liability for social security contributions depends on unverified facts regarding the existence of direct employment contracts.

Keywords

AI generated
labor agency liability social security contributions employment abroad sub-intermediary services insufficiently clarified case Supreme Court review direct employment contracts

Cited Legislation

AI generated
Art. 29 ust. 1 ustawy z dnia 29 grudnia 1989 r. o zatrudnieniu
Art. 3 § 2 k.p.c.
Art. 316 § 1 k.p.a.
Art. 422 § 2 k.p.c.
art. 3 § 2 k.p.c
art. 316 § 1 k.p
art. 422 § 2 k.p.c

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