Foreign sole trader partner subject to social insurance despite temporary residence permit under specific social security law provisions.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a Russian citizen against the Social Insurance Institution's decision to subject him to mandatory social insurance. The appellant argued that his temporary residence permit precluded coverage, while the court found that his status as a sole trader partner satisfied the statutory requirements for insurance regardless of permit type. The court ruled that 'permanent residence' in the social security context means uninterrupted presence during the insurance period, not a specific administrative permit status, thereby upholding the lower court's decision.
Legislator headnote
AI generatedArt. 6 ust. 1 pkt 5 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych; Art. 8 ust. 6 pkt 4 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych: A foreigner conducting non-agricultural business as a sole trader partner is subject to mandatory social insurance even with a temporary residence permit, as 'permanent residence' requires uninterrupted presence during the insurance period rather than a specific administrative permit.