I UK 57/05
AI generated
Employment contract without work obligation excludes social security benefits; fake contract for benefits denied.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a decision denying social security benefits to an employee. The court found that the employment contract was a sham concluded solely to access public funds, as the employer declared bankruptcy shortly after the agreement and the work was unnecessary. Consequently, the court ruled that the plaintiff did not qualify for social security coverage during the relevant period.
Legislator headnote
AI generatedArt. 1 ust. 1 ustawy o ubezpieczeniu społecznym pracowników; Art. 393 § 1 k.p.c.: A sham employment contract concluded solely to obtain social security benefits, where the work was unnecessary and the employer ceased operations, excludes the employee from social security coverage.
Keywords
AI generated
sham employment contract
social security benefits
public fund fraud
bankruptcy declaration
cassation appeal dismissal
fake labor agreement
social insurance eligibility
Cited Legislation
AI generatedArt. 393 § 1 k.p.c.
art. 58 k.c
art. 224 § 1 k.p.c
art. 316 § 1 k.p.c
art. 385 k.p.c
art. 233 § 1 k.p.c
art. 227 k.p.c
art. 391 § 1 k.p.c
art. 382 k.p.c