The author discusses the phenomenon of simulating an employment relationship with a pregnant woman in order to obtain benefits from the social security system, from the perspective of civil law, labor law, criminal law, and the principles of social coexistence. Research on this issue has been presented in the form of a two-part article. The second part of the article is devoted to the types, role and assessment of factual circumstances (criteria) that should be taken into account when determining whether the employment relationship is apparently established, and it also presents the recommended procedure for determining whether the employment relationship is apparent. This theme was completed by three issues. First, the assessment of the possibility for the pension authority to make a binding legal qualification of the contract between the parties and the unilateral modification of the amount of the basis for calculating social security contributions. Secondly, about the issue of criminal liability of the alleged employee and the employer. Third, and finally, for the possibility of holding the State Treasury liable for damages for the abuse of control powers by the Social Insurance Institution against women who are pregnant or shortly after giving birth.

The author discusses the phenomenon of simulating an employment relationship with a pregnant woman in order to obtain benefits from the social security system, from the perspective of civil law, labor law, criminal law, and the principles of social coexistence. Research on this issue has been presented in the form of a two-part article. The first part is devoted to discussing the theoretical and legal doubts related to the currently applicable provisions of law, in particular the mutual relationship of the provisions of Art. 22 § 11 of the Labor Code, art. 65 and 83 of the Civil Code in connection with art. 300 of the Labor Code, as well as presenting the "essence" of the simulation that we deal with in the case of pregnant women who, in cooperation with the employer, want to extort sickness and maternity benefits from the social insurance system. This part also presents the issue of motivation that the parties usually follow when simulating employment and its role in the final resolution, and also assessed the legitimacy of the view presented in the judicature that the actions of parties suspected of simulating employment should be assessed through the prism of the principles of social coexistence, and in particular in the light of the prohibition of deliberately gaining unjustified benefits from the social security system at the expense of other participants in that system.