Social security coverage requires actual employment, not just a labor contract, to prevent fraud.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Anna M. and Józefa S. against the Social Insurance Institution's decision to exclude them from social security coverage. The applicants argued that their labor contracts established a valid employment relationship, but the court found that no actual work was performed as the business activity was merely a sham. The court ruled that social security coverage depends on genuine employment execution rather than the mere existence of a contract, thereby upholding the institution's decision to deny benefits.
Legislator headnote
AI generatedArt. 22 § 1 Kodeksu pracy; Art. 5 ust. 2 ustawy o ubezpieczeniu społecznym: Social security coverage requires actual performance of work within an employment relationship, not merely the conclusion of a labor contract.