II UK 321/04
AI generated
Supreme Court dismisses appeal finding employment contract void as sham due to lack of actual work performance.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a Social Insurance Institution decision declaring an employment contract a sham. The court found that the employer hired the claimant solely to secure social insurance benefits while performing negligible tasks like answering phones, which did not constitute genuine employment. Consequently, the court upheld the lower court's factual findings that no real labor relationship existed.
Legislator headnote
AI generatedArt. 83 § 1 k.c.; A contract for labor is deemed concluded in bad faith if both parties are aware that the person designated as an employee will not perform work and the person designated as an employer will not benefit from it.
Keywords
AI generated
sham employment contract
bad faith labor agreement
social insurance benefits
lack of actual work
cassation appeal dismissal
Cited Legislation
AI generatedArt. 83 § 1 k.c.
Art. 233 § 1 k.p.c.
Art. 231 k.p.c.
Art. 328 § 2 k.p.c.
Art. 393 § 12 k.p.c.
art. 83 § 1 k.c
art. 83 k.c
art. 3531 k.c
art. 328 § 2 k.p.c
art. 231 k.p.c
Cited Case Law
AI generatedII UK 365/03
II UK 467/03