Excessive salary increase deemed abuse of rights for social insurance benefit fraud.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against the Social Insurance Institution's decision to invalidate a high salary increase. The court found that the employee and her husband, as shareholders, artificially inflated their wages to secure higher sickness benefits without actual work performance. The court ruled that the Social Insurance Institution had the authority to identify such arrangements as attempts to circumvent the law and invalidate them.
Legislator headnote
AI generatedArt. 58 § 1 k.c.; Art. 41 ust. 12, 13 ustawy o ZUS: The Social Insurance Institution may invalidate employment contract clauses regarding remuneration if circumstances indicate the increase was made to circumvent the law or social norms, even if the employer had sufficient financial means.