Legislator Case Law & Legislation
II UKN 82/98 AI generated

Supreme Court allows social insurance for a manager who signed an employment contract with another manager authorized by shareholders' resolution.

Case Number II UKN 82/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
social insurance coverage limited liability company manager employment contract shareholders resolution validity of employment contract subordination relationship Social Insurance Institution

Cited Legislation

AI generated
Art. 4 ust. 1 ustawy z dnia 25 listopada 1986 r. o organizacji i finansowaniu ubezpieczeń społecznych
Art. 203 KH
Art. 58 § 1 KC
Art. 393 § 1 k.p.

Cited Case Law

AI generated

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