Supreme Court allows social insurance for a manager who signed an employment contract with another manager authorized by shareholders' resolution.
Legislator summary
AI generatedThe Supreme Court of Poland allowed the social insurance claim against the Social Insurance Institution, overturning the lower court's dismissal. The applicant, a company manager, argued he was not insured because he did not personally work for the company, while the institution contended the contract with another manager was invalid. The court ruled that the contract was valid because the other manager was properly authorized by a shareholders' resolution under the relevant law, and the applicant's subordination to the company established a genuine employment relationship.
Legislator headnote
AI generatedArt. 4 ust. 1 ustawy z dnia 25 listopada 1986 r. o organizacji i finansowaniu ubezpieczeń społecznych; Art. 203 KH: A manager of a limited liability company is subject to social insurance if they conclude an employment contract with another manager authorized by a shareholders' resolution, as such contracts are valid and establish a real employment relationship.