Supreme Court dismissed cassation, ruling employer must pay civil damages for social insurance errors causing lower pension benefits.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court judgment awarding damages to an employee for reduced pension benefits. The employee argued the employer failed to obtain consent for using average wages as the social insurance base, resulting in lower benefits. The court held that the employer's failure to calculate and pay social insurance contributions correctly constitutes a civil tort requiring compensation under general civil law principles.
Legislator headnote
AI generatedArt. 96 ust. 1 i 2 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 471 Kodeksu cywilnego: An employer is liable for civil damages when failure to correctly calculate or pay social insurance contributions results in the employee receiving a lower benefit than entitled.