Supreme Court dismisses jurisdiction dispute, allowing ZUS to issue employment entry when employer lacks documents.
Legislator summary
AI generatedThe Supreme Court dismissed Zenon K.'s request to resolve a jurisdictional dispute between the Social Insurance Institution (ZUS) and the Regional Court. The applicant argued that ZUS incorrectly refused to record his employment period due to a lack of documents from the liquidated employer, while ZUS claimed it lacked the necessary paperwork. The court ruled that ZUS was obligated to issue the certificate based on its own records and that the refusal was procedurally flawed, thus establishing ZUS's authority to act as a substitute employer.
Legislator headnote
AI generated§ 5 ust. 1 rozporządzenia Ministra Pracy i Polityki Socjalnej z dnia 16 maja 1991 r.; Art. 218 § 1 KPA; Art. 219 KPA; Art. 180 § 1 KPA; Art. 190 § 1 KPA: The Social Insurance Institution is authorized to make a substitute entry in an insurance card certifying employment when the employer cannot provide such certification due to exceptional circumstances like liquidation, and administrative bodies must issue certificates based on their own data.