Social security law allows changing from partnership cooperation to employment contract without being deemed evasion of law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal against a lower court ruling that declared an employment contract void as an attempt to evade social security laws. The applicants argued that switching from a partnership cooperation arrangement to an employment contract solely to lower company costs constituted a legal evasion under Article 58 of the Civil Code. The court ruled that the law does not prohibit changing the form of work provision or the insurance title, and that the motive of cost reduction does not transform a genuine employment relationship into a sham contract.
Legislator headnote
AI generatedArt. 58 § 1 k.c.; Art. 6 ust. 1 pkt 1, Art. 11 ust. 1, Art. 12 ust. 1 ustawy o systemie ubezpieczeń społecznych: The law does not prohibit changing the form of work provision or the title of insurance from partnership cooperation to an employment contract, and the intent to obtain social benefits does not constitute evasion of law if a genuine employment relationship exists.