II UKN 167/99
AI generated
Supreme Court dismisses pension claim where employment contract was deemed a legal evasion scheme.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Maria G.'s cassation appeal regarding her denial of early retirement benefits. The court found that her employer hired her solely to circumvent pension regulations by creating a false employment relationship after she was already a cooperative member. Consequently, the court ruled that the contract was void as it lacked a genuine employment purpose and did not generate social insurance rights.
Legislator headnote
AI generatedArt. 58 § 1 Kodeksu cywilnego; Art. 300 Kodeksu pracy: A labor contract concluded with a member of an agricultural cooperative solely to bypass statutory pension rights and terminated before required actions constitutes a legal evasion, thereby failing to create an employment relationship or social insurance entitlement.
Keywords
AI generated
legal evasion
pension fraud
agricultural cooperative
false employment contract
social insurance rights
early retirement
contract validity
Cited Legislation
AI generatedArt. 58 § 1 Kodeksu cywilnego
Art. 300 Kodeksu pracy
Dz.U. Nr 29, poz. 159
art. 244 KPC
art. 473 KPC
art. 231 KPC
art. 393 § 1 KPC