Legislator Case Law & Legislation
II UK 320/04 AI generated

Court dismisses claim that employment contract solely for social insurance benefits violates civil code. Facts show family business with no real work performed. Court rules factual employment status overrides contract validity. Social insurance title arises from actual work performance, not contract form.

Case Number II UK 320/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicants' request to be insured under the social insurance system, quashing the lower court's decision that rejected their employment contract. The applicants argued the contract was a sham to bypass legal requirements for social insurance, noting the family business had no real work performed and the applicant received sick and maternity benefits instead. The court held that the existence of a social insurance title depends on the factual performance of work, not the validity of the employment contract, thereby allowing the applicant to be insured despite the contract's potential invalidity.

Legislator headnote

AI generated

Art. 58 § 1 k.c.; Art. 6 ust. 1 ustawy o systemie ubezpieczeń społecznych: The existence of a social insurance title is determined by the factual performance of work, not the validity of the employment contract; a contract concluded solely to obtain social benefits does not preclude insurance if the factual circumstances indicate actual employment.

Keywords

AI generated
social insurance title employment contract validity abuse of law factual employment status civil code abuse

Cited Legislation

AI generated
Art. 58 § 1 k.c.
Art. 6 ust. 1 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych
Art. 2 k.p.
art. 58 § 1 k.c
art. 83 k.c
art. 83 § 1 k.c
art. 300 k.p
art. 58 k.c
art. 233 § 1 k.p.c
art. 22 § 1 k.p

Cited Case Law

AI generated

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