Social security court rules partial-time salary below statutory minimum triggers mandatory business activity insurance.
Legislator summary
AI generatedThe Supreme Court upheld the Social Insurance Agency's decision that the applicant must be insured under mandatory pension and disability schemes due to his non-agricultural business activity. The applicant argued that his partial-time employment salary, when prorated, did not meet the statutory minimum wage threshold required to trigger mandatory coverage. The court distinguished between the minimum wage for labor relations and the specific minimum income threshold for social security contributions, ruling that the lower salary alone did not exempt the applicant from mandatory insurance obligations arising from his business activities.
Legislator headnote
AI generatedArt. 18 ust. 4 pkt 5 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych; Art. 8 ust. 1 ustawy z dnia 10 października 2002 r. o minimalnym wynagrodzeniu za pracę: The concept of 'minimum wage' for social security purposes is not equivalent to the minimum wage for labor relations in partial-time employment cases, meaning employees earning below the social security threshold while running non-agricultural businesses remain subject to mandatory pension and disability insurance.