Supreme Court allows appeal; mandatory social insurance applies to farmers with civil contracts when no separate business title exists.
Legislator summary
AI generatedThe Supreme Court of Poland partially allowed the cassation appeal against a lower court decision denying social insurance coverage. The insured, a farmer, argued that her civil agency and contract work constituted a separate business activity triggering mandatory insurance, but the lower court ruled the earlier farming title took precedence. The court found the lower court erred because the insured never declared the civil contracts as a separate business activity, meaning no concurrent titles existed to apply the 'earliest title' rule, thus requiring insurance based on the civil contracts themselves.
Legislator headnote
AI generatedArt. 6 ust. 1 pkt 4 ustawy o systemie ubezpieczeń społecznych; Art. 9 ust. 2 ustawy o systemie ubezpieczeń społecznych: Mandatory social insurance applies to farmers performing civil contracts when no separate business activity title exists, as the earliest title rule requires concurrent distinct titles.