Legislator Case Law & Legislation
I UK 154/04 AI generated

Supreme Court dismisses appeal; supervisory board member receiving salary performs wage-earning work.

Case Number I UK 154/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal against a social insurance fund's decision to deny sick pay and rehabilitation benefits. The insured, a supervisory board member receiving a salary for his duties, argued that his role was merely a public-law position compensated by allowances rather than wage-earning work. The court rejected this distinction, ruling that receiving a salary for supervisory activities constitutes wage-earning work under the relevant social insurance statutes, thereby terminating the right to benefits. Consequently, the insured was ordered to repay the overpaid benefits for the periods in question.

Legislator headnote

AI generated

Art. 17 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 18 ust. 1 ustawy z dnia 17 grudnia 1974 r.; A member of a supervisory board receiving remuneration for their duties performs wage-earning work, thereby losing the right to sick pay and rehabilitation benefits.

Keywords

AI generated
supervisory board member wage-earning work social insurance benefits remuneration for duties termination of sick pay public law vs private law repayment of benefits

Cited Legislation

AI generated
Art. 17 ust. 1 of the Act on financial benefits from social insurance in case of illness and maternity
Art. 18 ust. 1 of the Act of 17 December 1974 on social insurance in case of illness and maternity
Art. 392 § 1 of the Commercial Companies Code
Art. 392 § 3 of the Commercial Companies Code
Art. 390 § 2 and 3 of the Commercial Companies Code
art. 233 § 1 k.p.c
art. 316 k.p.c
art. 6 k.c
art. 217 § 2 k.p.c
art. 391 k.p.c

Cited Case Law

AI generated

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