Supreme Court dismisses claim that employment contract was void for evading social security law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland quashed the appellate court's decision declaring an employment contract void for the purpose of evading social security obligations. The court found that despite the employer's claim of a fictitious arrangement, the employee performed duties, received wages, and the business operated with two staff members to comply with labor law limits. The court ruled that the statutory prohibition against evading legal obligations does not apply when the contract is genuinely performed and does not contravene the law's intent to protect pregnant workers.
Legislator headnote
AI generatedArt. 58 § 1 k.c.; Art. 300 k.p.: A legal act performed to evade statutory obligations is void only if the act itself violates the law or contradicts its purpose; genuine performance of contractual duties negates the presumption of evasion.