What is an apparent employment contract

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Summary There is no doubt that the appearance of an employment contract seems to be an easy and effective way to benefit from social insurance. However, it should be remembered that the fictitious conclusion of a civil law contract has a number of consequences. A finding that the employment contract was of an apparent nature will result in its invalidity pursuant to Art. § of the Civil Code in connection with Art. of the Labor Code, which means that the employee is not eligible to be covered by mandatory employee social insurance. The employee is then obliged to return the amounts of unduly received benefits together with interest.

The most important questions  ? The apparent nature of an employment contract requires philippines photo editor an unofficial agreement  between the employer and the employee regarding an inauthentic apparent legal act. Both parties must agree to undertake the simulated action.  what are the consequences of concluding a sham employment contract? If the employment contract is deemed fraudulent by the Social Insurance Institution.



The payment of benefits to the employee is suspended and the employee is obliged to return them together with interest, while the employer is obliged to, among others: corrections of settlement declarations relating to a given person. Share with others: Up Previous article Can interest on a home loan be included in costs? Next article What form of taxation should a programmer choose? General principles: tax scale, flat tax or lump sum tax Clause disclaimer on ifirma.pl We encourage you to comment.