Legislator Case Law & Legislation
II UKN 32/96 AI generated

Polish Supreme Court dismissed appeal; fake employment contract for farm help excluded from social insurance.

Case Number II UKN 32/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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.

Legislator headnote

AI generated

Art. 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.

Keywords

AI generated
fictitious employment contract social insurance exclusion domestic farm help monthly wage payment family farm assistance cassation appeal dismissal labor law protection

Cited Legislation

AI generated
Art. 4 ust. 1 ustawy z dnia 25 listopada 1986 r. o organizacji i finansowaniu ubezpieczeń społecznych
Art. 85 § 1 Kodeksu pracy
Art. 393 § 1 pkt 2 Kodeksu postępowania cywilnego
Art. 393 § 3 Kodeksu postępowania cywilnego
Art. 393 § 12 Kodeksu postępowania cywilnego

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