Supreme Court quashes social security dismissal due to failure to notify excluded employee, allowing retrial.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court quashed the lower court's dismissal of the insured's appeal regarding his social security status and benefits. The insured had been excluded from employment-based social insurance after a final ruling declared his employment contract with the employer fictitious. The Supreme Court found the lower courts violated procedural rules by failing to notify the insured, who was a party to the dispute, of the proceedings, thereby depriving him of the right to defend his rights.
Regesto Legislator
Generato dall'IAArt. 47711 § 1 k.p.c.; Art. 379 pkt 5 k.p.c.; Art. 366 k.p.c.; Art. 365 k.p.c.; Art. 244 k.p.c.; Art. 39311 § 1 in fine k.p.c. - When an employee is excluded from social insurance, the exclusion decision and subsequent proceedings regarding benefits must be notified to the employee as a party; failure to do so violates the right to defense and renders the proceedings void.