Social security agency allowed to question employment contract wage clauses under Polish Social Security Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court ruled that the Social Security Institution may question the agreed wage in an employment contract if it violates legal principles or aims to evade the law. The institution had replaced the contractually agreed salary with the average quarterly wage, arguing the original clause was invalid under civil law. The court affirmed this authority, stating the institution is not bound by invalid contract terms and can determine insurance conditions independently.
Legislator headnote
AI generatedArt. 41 ust. 12, 13 ustawy o systemie ubezpieczeń społecznych; Art. 58 k.c.: The Social Security Institution is authorized to question the agreed wage in an employment contract if circumstances indicate it violates legal principles, social norms, or aims to evade the law, and is not bound by invalid contract clauses.