I UK 32/05
AI generated
Supreme Court dismisses appeal; actual work performed negates intent to circumvent social security law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling that rejected the applicant's pension claim. The lower court found the employment contract was a sham designed solely to bypass social security regulations, as the applicant had not yet reached the age for early retirement. However, the Supreme Court determined that because the applicant actually performed administrative duties and received wages, the contract was genuine and not intended to evade the law.
Legislator headnote
AI generatedArt. 58 § 1 k.c.; Art. 300 k.p.; Art. 6 ust. 1 ustawy o systemie ubezpieczeń społecznych. The intent to circumvent social security law is negated when the parties actually perform the obligations and rights arising from the employment contract.
Keywords
AI generated
intent to circumvent law
social security system
employment contract validity
pension entitlement
actual performance of duties
Cited Legislation
AI generatedArt. 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 § 1 k.c
art. 58 k.c
art. 22 k.p
Cited Case Law
AI generatedII UKN 32/96
Polish Supreme Court dismissed appeal; fake employment contract for farm help excluded from social insurance.
II UKN 512/98
Fake employment contract for social benefits dismissed; actual work required for child allowance rights.
II UKN 244/00
Supreme Court allows social security claim by dismissing invalid employment contract due to lack of representation requirements.
I PK 42/04
Supreme Court quashes labor court judgment for civil contract dispute due to improper jury composition.
II UK 141/04
Supreme Court dismisses evasion claim when actual work duties and rights were performed under the employment contract.
III UK 89/05
High salary in employment contract voided for social insurance fraud violating good morals under Polish law.