Legislator Case Law & Legislation
I UK 57/05 AI generated

Employment contract without work obligation excludes social security benefits; fake contract for benefits denied.

Case Number I UK 57/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

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