Social security appeal dismissed; employer not a party despite employment contract validity.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by the pension authority against a lower court ruling that declared the applicant subject to social security. The applicant, a pregnant woman, had a fixed-term contract with an employer who was unaware of her pregnancy, leading to a dispute over the validity of the employment relationship. The court held that the employer was not a 'interested party' under the Civil Procedure Code because the contested contract was valid and the applicant's rights were directly affected, making the employer's participation unnecessary.
Regesto Legislator
Generato dall'IAArt. 47711 k.p.c.; Art. 391 § 1 k.p.c.; Art. 393 § 12 k.p.c.; Art. 83 k.c.; Art. 6 ust. 1 pkt 1 ustawy o systemie ubezpieczeń społecznych; Art. 11 ust. 1 ustawy o systemie ubezpieczeń społecznych: The employer is not an interested party in social security proceedings regarding the validity of an employment contract unless their rights are directly affected, and a mere desire to obtain benefits does not constitute a sham contract.