II UK 43/05
AI generated
Social security contract void for violating public order via sham employment to claim benefits.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal, upholding the lower court's finding that the employment contracts were void. The applicant had secured high wages and social benefits shortly before becoming eligible for maternity and sick pay, while performing duties previously done without pay. The court ruled that such arrangements violate public order principles, rendering the contracts invalid despite not explicitly contravening statutory text.
Legislator headnote
AI generatedArt. 58 § 1 k.c.; Art. 58 § 2 k.c.: A labor contract concluded solely to obtain social security benefits by circumventing the law is void as it violates public order.
Keywords
AI generated
social security benefits
sham employment contract
public order violation
void legal act
circumvention of law
Cited Legislation
AI generatedArt. 58 § 1 k.c.
Art. 58 § 2 k.c.
Art. 393 § 1 k.p.c.
art. 58 § 1 k.c
art. 83 § 1 k.c
art. 300 k.p
art. 22 k.p
art. 233 § 1 k.p.c
art. 391 k.p.c
art. 328 § 2 k.p.c
Cited Case Law
AI generatedII UKN 536/98
Supreme Court dismisses appeal; fictional employment of LLC partner without business activity excludes social insurance coverage.
II UZP 2/05
Social security agency allowed to question employment contract wage clauses under Polish Social Security Act.
II UK 320/04
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.
II UK 141/04
Supreme Court dismisses evasion claim when actual work duties and rights were performed under the employment contract.
I PK 42/04
Supreme Court quashes labor court judgment for civil contract dispute due to improper jury composition.