I UK 120/06
AI generated
Appeal dismissed; apparent employment contracts invalid when work is actually performed on civil cooperation basis.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding two women who claimed social security coverage based on apparent employment contracts. The court found that although formal employment contracts existed, the parties actually performed work for each other on a civil cooperation basis rather than a subordinate employment relationship. Consequently, the court ruled that the apparent contracts were invalid because the underlying reality was mutual assistance between independent business owners, not employment.
Legislator headnote
AI generatedArt. 83 § 1 k.c.; Art. 300 k.p.: Apparent employment contracts are invalid not only when work is never performed but also when work is performed on a basis other than employment, such as civil cooperation.
Keywords
AI generated
apparent employment contract
social security coverage
civil cooperation agreement
subordination relationship
mutual assistance
independent business owners
invalidity of contract
Cited Legislation
AI generatedArt. 83 § 1 k.c.
Art. 300 k.p.
Art. 6 ust. 1 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych
Art. 9 ust. 1 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych
Art. 398 § 14 k.p.c.
art. 83 k.c
art. 300 k.p
art. 58 § 1 k.c
art. 22 § 1 k.p
art. 58 k.c
Cited Case Law
AI generatedII 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.
III UK 30/06
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.