I UK 302/06 AI generated

Social security claim dismissed; intent to evade law irrelevant if employment contract is factually performed.

Case Number I UK 302/06

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2007-03-06

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding the insured's exclusion from social security coverage. The lower courts found the employment contract between the mother and daughter was void under civil law due to an alleged intent to evade social security obligations. The Supreme Court ruled that the validity of the contract is secondary to the factual reality of the employment relationship under labor law.

Legislator headnote

AI generated

Art. 22 § 1 k.p.; Art. 58 § 1 k.c.; The mere intent to evade social security law does not preclude coverage if the employment relationship is factually established and performed in accordance with labor law provisions.

Keywords

AI generated

social security coverage employment contract validity intent to evade law labor law relationship family assistance work cassation appeal dismissal factual employment performance

Cited Legislation

AI generated

Art. 22 § 1 k.p.

Art. 58 § 1 k.c.

Art. 83 § 1 k.c.

Art. 398 § 13 k.p.c.

Art. 398 § 14 k.p.c.

art. 58 § 1 k.c

art. 22 § 1 k.p

art. 83 § 1 k.c

art. 39813 § 1 k.p.c

art. 39814 k.p.c

Cited Case Law

AI generated

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

Fake employment contract for social benefits dismissed; actual work required for child allowance rights.

Supreme Court allows social security claim by dismissing invalid employment contract due to lack of representation requirements.

Supreme Court dismisses cassation; declaration of knowledge in work certificate is not voidable under Civil Code Art. 83 § 1.

Wyrok z dnia 17 marca 1998 r.

Supreme Court dismissed early pension claim as fake employment contract to evade statutory termination rules.

Labor contract intent of one party insufficient to override agreed terms regarding pension severance pay.

Failure to undergo medical exam does not invalidate employment contract or social insurance title.

II UK 161/05

Supreme Court quashes appeal ruling invalidating a performed employment contract for evading early pension laws.

Supreme Court quashes social security fraud verdict for sham employment contract due to improper legal reasoning.

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