The fact of providing work, and not the purpose of signing agreement determines the existence of employment relationship
The commented verdict confirms that in cases where the Social Insurance Institution (ZUS) questions the employment relationship – and social insurance coverage – the court does not only look at the purpose of signing an employment contract. The parties may lawfully sign an employment agreement , even if only for the purpose of providing the employee with social insurance. This is not forbidden and cannot determine the nature of the employment relationship if the provision of work takes place. What is decisive is the fact of performing work for the benefit of the employer while fulfilling the elementary premises of the employment relationship as set out in Article 22(1) of the Labour Code – Sandra Szybak-Bizacka and Mariusz Maksis comment for ius.focus.