Legislator Case Law & Legislation
II UK 141/04 AI generated

Supreme Court dismisses evasion claim when actual work duties and rights were performed under the employment contract.

Case Number II UK 141/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal against a social insurance decision denying maternity benefits to a domestic worker. The lower courts found the employment contract was a sham to bypass social security laws, despite the employer's testimony and witness evidence confirming the employee actually performed duties and exercised rights. The Supreme Court ruled that the existence of real work and legal rights precludes a finding of legal evasion, as the statute targets fictitious contracts without actual performance.

Legislator headnote

AI generated

Art. 58 § 1 k.c.; Art. 300 k.p.: A contract is not considered an attempt to evade the law if the parties actually performed the obligations and rights flowing from the employment relationship.

Keywords

AI generated
social insurance evasion fictitious employment contract maternity benefits denial actual work performance labor law validity Supreme Court cassation domestic worker status

Cited Legislation

AI generated
Art. 58 § 1 k.c.
Art. 300 k.p.
Art. 6 ust. 1 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych
Art. 2 k.p.
Art. 393 § 1 k.p.c.
art. 58 § 1 k.c
art. 300 k.p
art. 83 k.c
art. 316 § 1 k.p.c
art. 22 k.p

Cited Case Law

AI generated

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