Work performed under a void employment contract to bypass pension rules counts as farmer cooperative membership period, not employee insurance period.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a social insurance office decision regarding early pension eligibility. The court found that while the employment contract was void due to an attempt to circumvent pension laws, the work performed remained a contribution period for the farmer cooperative. Consequently, the insured was entitled to the cooperative's pension scheme rather than the employee scheme.
Legislator headnote
AI generatedArt. 58 § 1 k.c.; Art. 300 k.p.; Art. 29 ust. 1 ustawy o emeryturach i rentach; Art. 6 pkt 3 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych: Work performed under a void employment contract concluded to bypass pension regulations constitutes a contribution period for the farmer cooperative, not for the employee social insurance scheme.