Court: Conclusion of an employment contract with a pregnant woman does not necessarily mean that such a contract is a sham
An employee concluded an employment contract and to complete formalities attended work for only one day. Immediately after that one day her children started to fall ill, and then the employee learnt that she was pregnant as a result of which she started to benefit from social security payments and did not return to work.
The Social Insurance Institution disputed the employment contract and considered that it had been concluded for the sake of appearances and deprived the employee of the right to benefits. The Warszawa-Praga Regional Court in Warsaw on appeal ruled (VII U 1229/23) that the mere conclusion of a contract with a pregnant woman does not prejudge the ostensible nature of an employment contract, even if obtaining social security benefits is the employee's main motive in signing the contract. The court stated that it was shown that the contract was actually performed on the first and only day of work and so the employee's action was not reprehensible or unlawful.