Legislator Case Law & Legislation
II UKN 26/97 AI generated

Social security court allows claim by dismissing cassation, ruling employment status determination applies to facts at trial closure.

Case Number II UKN 26/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal, allowing Diana C.'s claim for social security coverage as an employee. The lower court found a valid employment relationship starting August 27, 1994, despite a prior ruling classifying the relationship as business cooperation. The court held that the legal characterization of the employment status depends on the facts existing at the time the proceedings were closed, not prior final judgments.

Legislator headnote

AI generated

Art. 393 § 1 KPC; The determination of the legal nature of an employment relationship is based on the facts existing at the time of closing the proceedings and does not exclude a subsequent finding that the relationship transformed into employment subject to social security insurance.

Keywords

AI generated
social security insurance employment relationship business cooperation cassation appeal factual status procedural timeline legal characterization

Cited Legislation

AI generated
Art. 393 § 1 KPC

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