Supreme Court allows social security claim by dismissing invalid employment contract due to lack of representation requirements.
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland dismissed the Social Insurance Fund's decision to exclude the applicant from mandatory social security coverage. The Fund argued that the employment contract was void because the company director lacked proper representation authority under commercial law, and the hiring was a sham to evade social security obligations. The Court ruled that while the director's management duties required representation, the specific project design work performed did not, allowing the employment relationship to be valid for social security purposes.
Regeste Legislator
Généré par l'IAArt. 203 KH; Art. 22 § 1 KP: The Supreme Court established that a sole shareholder cannot be an employer for themselves regarding non-management activities, and a lack of formal representation does not invalidate an employment contract if the work performed is distinct from management duties.