The Law Firm, representing one of the communes of the Poznań District, is currently conducting numerous court disputes with the Social Insurance Institution (ZUS).
The commune represented by the Firm was an organiser of summer and winter activities for children and young people. The organised entertainment activities, such as trips to the swimming pool, to the cinema or sports games, were aimed at ensuring that children spend their time actively during summer and winter holidays.
Due to the fact that most of the activities were conducted by teachers from schools in this commune (as these persons have appropriate qualifications), the pension authority questioned the contracts of mandate concluded between these teachers and the commune. In the grounds for the decision, the Social Insurance Institution explained that the organisation of this type of recreation constituted the fulfilment of the statutory tasks of individual schools.
As a consequence, the pension authority stated that the teacher’s income obtained from the aforementioned contract of mandate was the basis for the assessment of contributions for pension, disability, sickness, accident and health insurance of individual schools.
However, after assessing the evidence, the Regional Court in Poznań agreed with the position presented by the Law Firm in its appeals against the decisions and changed the contested decisions of the Social Insurance Institution. So far, the judgments of the Court agree with the presented argumentation, thus the Law Firm wins cases for its Client. Due to the appeals filed by the pension authority, the Law Firm is waiting for the determination of the date of the appeal hearing in order to finally confirm the correct position taken by the commune represented by it.
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