Monitor Prawa Pracy

no. 2/2025

Possibility for an employer to evade legal consequences of a declaration of intent resulting in the establishment of an employment relationship and made due to an error deceitfully provoked by an employee at the stage of recruitment

DOI: 10.32027/MOPR.25.2.2
Aleksandra Albera
Autorka jest doktorantką na Uniwersytecie SWPS
Abstract

In the article, the author considers the possibility for an employer to evade legal consequences of a declaration of intent resulting in the establishment of an employment relationship and made due to an error deceitfully provoked by an employee at the stage of recruitment. She also discusses other ways to terminate such employment, e.g. when it becomes apparent that an employee actually lacks required qualifications for the position, and compares their costs for an employer, including the issue of social security contribution.

Keywords
error regarding the content of the declaration of intent, evading legal consequences of a declaration of intent by an employer, ZUS (social security) contributions due when withdrawing from an employment contract, settlement of accounts upon withdrawing from an employment contract, withdrawing from an employment contract