Polish Supreme Court dismissed appeal; fake employment contract for farm help excluded from social insurance.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland dismissed Danuta K.'s cassation appeal against the Social Insurance Institution's decision to exclude her from social insurance coverage. The court found that her employment contract with Czesław K. was fictitious because she provided domestic help to his family farm while married to his son, and the employer failed to pay wages monthly as required by law. Consequently, the court ruled that the contract did not constitute a genuine employment relationship, confirming the lower courts' decision that she was not entitled to social insurance benefits.
Regeste Legislator
Généré par l'IAArt. 4 ust. 1 ustawy o ubezpieczeniach społecznych; Art. 85 § 1 Kodeksu pracy: A contract for domestic assistance within a family farm, where wages are not paid monthly as mandated by law, is deemed fictitious and excludes the worker from social insurance coverage.