Changes in social insurance disputes

Social insurance disputes will undergo a major shake-up if the new deregulation bill goes through. According to the bill, when the Social Insurance Institution (ZUS) questions whether or not a contract was actually performed, it must refer the case to court. Currently, contract classification is at the discretion of ZUS, which can decide that the contract was a sham and, therefore, refuse to pay social benefits to the insured person. Then, it is the insured person who must appeal the ZUS’s decision and prove that the contract was real.

I believe that, if the changes go through, there would be fewer cases where ZUS questions the existence of contracts which are the basis for social insurance and, therefore, ZUS’s obligation to pay social security benefits to the insured person. It is fairly easy to make such a decision, regardless of whether it concerns an individual or even whole groups of employees working for one company, but it takes time and effort to file individual suits to establish the (in)existence of an employment relationship and to compile documents and arguments to prove the contract was a sham. The change proposed in the Deregulation Act would restore the balance between the insured persons and ZUS. – Łukasz Chruściel comments for the Dziennik Gazeta Prawna.

Article here.