Employers using civil contracts for identical work bypass overtime and social security laws; Supreme Court dismisses such arrangements as void.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a company against social security contributions. The company had employed workers via civil law contracts for tasks identical to those covered by employment relationships, aiming to avoid overtime regulations and social security obligations. The court ruled that such civil contracts are void ab initio under the Civil Code because they violate mandatory social security laws, thereby automatically subjecting the workers to full social insurance contributions.
Legislator headnote
AI generatedArt. 58 § 1 k.c.; Art. 4 ust. 1 ustawy o ubezpieczeniach społecznych: Civil law contracts for work identical to employment duties are void as contrary to law and automatically subject workers to mandatory social security contributions.