Social security law excludes de facto spouses from employee insurance if living in a common household.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Eliza K. against the Social Insurance Institution's decision to exclude her from employee social security coverage. The court found that although the parties had a labor contract, they were cohabiting in a common household as de facto spouses, which legally precludes employee insurance under the relevant social security statute. Consequently, the court ruled that the exclusion was lawful because the parties were not married and lived together, making the employee insurance inapplicable.
Legislator headnote
AI generatedArt. 4 ust. 2 pkt 2 ustawy z dnia 25 listopada 1986 r. o organizacji i finansowaniu ubezpieczeń społecznych; Art. 26 ust. 1 pkt 2 ustawy z dnia 18 grudnia 1976 r. o ubezpieczeniu społecznym osób prowadzących działalność gospodarczą: The exclusion of employee social security for a spouse of an employee running a business applies only to legally married couples; for de facto spouses living in a common household, the exclusion does not apply, and they are instead covered under the insurance for persons cooperating with a business operator.