Supreme Court allows changing social insurance title from business partner to employee contract.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's dismissal of the claim regarding social insurance coverage. The lower courts had invalidated an employment contract as an attempt to evade social security laws, despite the parties performing actual work duties. The court ruled that changing the insurance title from a business partner to an employee does not constitute an attempt to evade the law, provided the work was genuinely performed.
Legislator headnote
AI generatedArt. 58 § 1 k.c.; Art. 6 ust. 1 pkt 1, Art. 8 ust. 1 ustawy o systemie ubezpieczeń społecznych: A change in the title of insurance from a business partner to an employee does not constitute an attempt to evade the law if the work was genuinely performed and the parties did not intend to create legal effects other than those arising from the employment contract.