Social security coverage denied for temp agency workers sent abroad without prior Polish employment.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the temporary employment agency's cassation appeal regarding social security coverage for workers sent to the Netherlands. The court found that the workers had not performed any work for the agency in Poland prior to their overseas assignment and thus did not meet the statutory requirements for coverage under Regulation 1408/71. Consequently, the agency's request for a social security certificate was correctly rejected because the necessary direct employment link and prior Polish social security subjection were absent.
Legislator headnote
AI generatedArt. 14 ust. 1 lit. a rozporządzenia Rady (EWG) Nr 1408/71: Social security coordination applies only when a worker is sent by their employer to another Member State to perform work for that same employer, requiring a direct link and prior subjection to the sending state's legislation.