Court dismisses claim that employment contract solely for social insurance benefits violates civil code. Facts show family business with no real work performed. Court rules factual employment status overrides contract validity. Social insurance title arises from actual work performance, not contract form.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the applicants' request to be insured under the social insurance system, quashing the lower court's decision that rejected their employment contract. The applicants argued the contract was a sham to bypass legal requirements for social insurance, noting the family business had no real work performed and the applicant received sick and maternity benefits instead. The court held that the existence of a social insurance title depends on the factual performance of work, not the validity of the employment contract, thereby allowing the applicant to be insured despite the contract's potential invalidity.
Regeste Legislator
Généré par l'IAArt. 58 § 1 k.c.; Art. 6 ust. 1 ustawy o systemie ubezpieczeń społecznych: The existence of a social insurance title is determined by the factual performance of work, not the validity of the employment contract; a contract concluded solely to obtain social benefits does not preclude insurance if the factual circumstances indicate actual employment.