Do I have the right to he alth insurance when working under a contract? Nurse
YES. A contract of contract may be an employment contract or a contract of mandate. If the contract is an employment contract, the person performing this contract is subject to social insurance on the same terms as the employee, but then the provisions on the employment relationship are bypassed. More often, however, a contract appears as a contract for the provision of services, to which the provisions of the Civil Code on the contract-mandate apply accordingly, and thus the person performing such a contract is subject to social insurance and he alth insurance on the terms provided for contractors. In the case of a contract with the characteristics of a mandate contract, the principal pays social security and he alth insurance contributions for the contractor (nurse). Pursuant to Art. 69 sec. 1 of the Act on benefits, the he alth insurance obligation arises and expires on the dates specified in the provisions on social insurance. Contributions for he alth insurance of persons performing work on the basis of a mandate contract are paid and recorded in the Social Insurance Institution, which then transfers them to the headquarters of the Fund. Legal basis: Act on he alth care benefits financed from public funds (Journal of Laws of 2008, No. 164, item 1027 as amended).
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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