II UKN 258/00
Generato dall'IA
Labor contract deemed valid when employee worked and employer paid, rejecting sham claim argument.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal against a social insurance decision denying maternity benefits to a former self-employed woman. The lower court found the employment contract a sham intended to bypass legal restrictions on benefits, noting the employee worked for only 23 days before requesting leave. The Supreme Court ruled that the existence of actual work performance and employer acceptance negates the legal requirement for a sham declaration of intent under Article 58 of the Civil Code.
Regesto Legislator
Generato dall'IAArt. 58 § 1 k.c.; Art. 300 k.p.: A labor contract is not considered a sham merely because it was concluded to obtain social benefits if the employee actually performed work and the employer accepted the remuneration.
Parole chiave
Generato dall'IA
sham contract
labor law
social insurance
maternity benefits
declaration of intent
civil code
cassation appeal
Disposizioni normative citate
Generato dall'IAArt. 58 § 1 k.c.
Art. 300 k.p.
Art. 83 k.c.
Art. 4 ust. 1 ustawy o organizacji i finansowaniu ubezpieczeń społecznych
Art. 393 § 1 k.p.c.
Art. 393 § 2 k.p.c.