Social security law: Close relative employment without actual work does not create insurance obligation.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling that denied the applicant's pension rights. The Social Insurance Institution argued the employment contract with the applicant's daughter was void due to circumvention of social security laws, while the first-instance court had granted the pension based on formal employment records. The court held that a close relative's employment requires proof of actual work performance, not just formalities, and found the evidence insufficient to prove the applicant genuinely performed office duties.
Legislator headnote
AI generatedUstawa o systemie ubezpieczeń społecznych art. 8 ust. 1 i 2; Ustawa o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych art. 29; Kodeks cywilny art. 58 § 1: Employment of close relatives does not create a social security obligation if the work was not actually performed.