Supreme Court dismisses appeal; fake employment contract for social insurance benefits lacks genuine employment status.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a worker's claim for social insurance coverage based on a second employer. The court found the employment contract with the father-in-law's firm was fictitious, designed solely to secure higher social insurance benefits while the worker remained employed elsewhere. Consequently, the court ruled that the worker did not meet the statutory requirements for genuine employment status under the relevant labor code provisions.
Legislator headnote
AI generatedArt. 22 § 1 KP; Art. 58 KC; Art. 300 KP; Art. 393 § 1 KPC: A contract concluded with another employer to obtain higher social insurance benefits constitutes a fictitious employment relationship lacking genuine subordination and daily availability, thus excluding social insurance coverage.