II UKN 744/99
AI generated
Supreme Court dismissed appeal finding fictitious employment to bypass early retirement rules invalid.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a social insurance court decision denying early retirement rights. The lower court found the insured's employment as a fitter-conservator in a small shop run by his sister-in-law fictitious because the duties required no professional qualifications. The court ruled that such formalistic hiring to access social benefits violates legal logic and rationality, thus upholding the denial of the pension claim.
Legislator headnote
AI generatedArt. 228 KPC; Art. 233 § 1 KPC: The court may determine the absence of an employment relationship when formal hiring serves solely to obtain social benefits without a genuine professional basis, applying logical legal reasoning rather than strict procedural rules.
Keywords
AI generated
fictitious employment
early retirement rights
social insurance benefits
freedom of evidence assessment
logical legal reasoning
professional qualifications
formalistic contract
Cited Legislation
AI generatedart. 228 KPC
art. 233 § 1 KPC
art. 1 and 10 ust. 1 of the Act of 28 December 1989 on special rules for terminating employment relationships with employees for reasons related to the employer
§ 1 of the Decree of the Council of Ministers of 25 March 1997 on the rules for early retirement of employees dismissed for reasons related to the employer