Comments on the normative construction of recognition as an employee under Art. 8 section 2a of the Act on the social security system – commentary to the judgment of the Court of Appeal in Warsaw of 22 November 2023, III AUa 3684/22

Abstract

The commentary approves the judgment of the Court of Appeal. The judgment in question is in line with the statutory normative structure contained in Article 8 section 2a of the Act on the social security system. This provision in the field of social security law modifies the concept of an employee, going beyond the employment relationship, which is extended to persons performing work on the basis of an agency contract, a mandate contract or another contract for the provision of services, or a contract for specific work, if the contract was concluded with the employer’s own or if work under the contract is performed for the employer with whom the party has an employment relationship. The regulation in question is worth analyzing due to the developed line of case law, which should be linked to the legislator’s intention, which differs significantly from a literal interpretation, the effects of which should be critically assessed in relation to the legislator’s purpose.