Pojęcie „pracownik” w ustawie o systemie ubezpieczeń społecznych. Część II
The term ‘an employee’ in the Act on the social insurance system – Part Two

Summary/Abstract: Employees are covered by social insurance by law. This principle strengthens the position of the insured in that it guarantees that they are covered by insurance automatically as soon as the mandatory title to social insurance arises. Yet the existence of a correctly formed title may be subject to verification. The legal effects result from the status of being in an employment relationship. The expression ‘person in an employment relationship’ gains a special normative meaning in the context of perceiving persons whose circumstances of performing work raise some doubts as employees within the meaning of the Act on social insurance system. The mere fact of entering into an employment relationship without fulfilling one’s employee duties does not yet create an insurance relationship. On the other hand, the actual performance of work not only is a condition for a person to be effectively covered by social insurance, but also may result in the person’s right to benefits in the event that the legal basis of employment raises doubts. Moreover, the Act on social insurance system creates a legal fiction with regard to the status of the employee in two events (Article 8(2) and Article 8(2a)). Therefore, the fact that the Act on social insurance system uses the concept of employee does not mean that the term’s meaning is transferred directly from the provisions of labour law. It is necessary to take into account the autonomous normative framework for the concept of employee in that Act as well as the concept of ‘actual employment relationship’ under social insurance law.

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