Abstract
The aim of the paper is to analyse controversial situations in the Polish judicial practice relating to performing incidental paid activities in times of sick leave, both by the insured – employees and persons not being employees, especially entrepreneurs. According to the Author’s opinion only social activities or incidental and mainly formal occupational activities can be qualified as the exceptions from the rule of the loss of the right to sickness benefit. Such view is justified by the public character and formality of the system of social security. Situations resulting in a possible loss of sickness benefit should be assessed each time in the context of the principle of proportionality.
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