Important ruling on insurance rates for doctors

The verdict came in the second half of March before the District Court in Szczecin. The law firm Lizak, Stankiewicz, Królikowski s.c., represented by attorney-at-law Emilia Gorzałczyńska on behalf of the District Medical Chamber, won a lawsuit on the right to pay pension and disability insurance premiums at a preferential rate by doctors and dentists who, after completing their postgraduate internship, set up a business and continue working for the same employer.

As lawyers working with the Regional Medical Chamber in Szczecin point out, the ruling proves that it is worthwhile to raise your concerns and fight for your rights.

- This topic seemed from the beginning to be an interesting case and a matter that required careful clarification. The Regional Medical Council of Szczecin listens carefully to all the voices of our doctors, and cooperation with the best lawyers guarantees a professional and honest opinion. In this case, our experts have concluded that the case requires a court settlement," says Michal Bulsa, president of the Regional Medical Council in Szczecin.

The landmark ruling stipulates that Article 18(1) of the Social Security Law applies to doctors who set up a business and continue working for the same employer after completing their postgraduate training.

- This provision grants physicians, during the first 24 calendar months from the date of commencement of economic activity, a declared amount, but not less than 30% of the amount of the minimum wage, the so-called preferential rate, as the basis for calculating pension and disability insurance contributions. Until now, Social Insurance Institution (ZUS) has not granted the preferential rate to doctors, indicating that they are not entitled to it for those who perform̨ economic activity for the benefit of a former employer for whom they previously did postgraduate internship, says attorney Emilia Gorzalczynska, representing the Regional Chamber of Physicians in Szczecin,

Despite a request to the Social Insurance Institution (ZUS) for an individual interpretation regarding public tributes and social or health insurance contributions, in which doctors indicate that the activities they will perform for their former employer as part of their sole proprietorship are not the same as those performed as part of their postgraduate internship, the Social Insurance Institution (ZUS) issued a decision recognizing the position presented in the request as incorrect. As a result, an appeal was filed against the decision of the Social Insurance Institution with the District Court in Szczecin, 6th Department of Labor and Social Insurance, which, as a result, changed the decision of the Social Insurance Institution, recognizing as correct the position of the doctor presented in the application.

Source: OIL in Szczecin