Legislator Case Law & Legislation
II UKN 279/00 AI generated

Supreme Court quashes social insurance termination ruling due to flawed factual findings on employment relationship end.

Case Number II UKN 279/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's decision terminating the applicant's social insurance obligation, remanding the case for a new trial. The lower courts had ruled that the employment relationship ended by mutual agreement when the employer granted unpaid leave and ceased operations, but failed to establish the applicant's consent to termination. The Supreme Court found this factual determination arbitrary because the record lacked evidence of the applicant's agreement to end the contract, noting that merely performing fewer tasks does not equate to termination. Consequently, the court held that the statutory basis for terminating insurance coverage could not be applied without first correcting these procedural and factual errors.

Legislator headnote

AI generated

Art. 4 ust. 3 ustawy o organizacji i finansowaniu ubezpieczeń społecznych; Art. 393 § 1 KPC: The termination of an employment relationship for the purpose of ending social insurance obligations requires a legally defined resolution or expiration; factual findings regarding mutual agreement must be supported by clear evidence of both parties' intent, and arbitrary determinations without such proof necessitate remand.

Keywords

AI generated
social insurance termination employment relationship end mutual agreement termination factual findings error remand for retrial social security law labor contract dissolution

Cited Legislation

AI generated
Art. 4 ust. 3 ustawy z dnia 25 listopada 1986 r. o organizacji i finansowaniu ubezpieczeń społecznych
Art. 393 § 1 KPC

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