Legislator Case Law & Legislation
I PRN 118/94 AI generated

Supreme Court dismisses extraordinary review; compensatory supplement applies only to reduced work pay, not sick leave.

Case Number I PRN 118/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the Ombudsman regarding a claim for a compensatory supplement under Article 179 of the Labor Code. The plaintiff, a pregnant doctor, argued she was entitled to the supplement because she could not perform night shifts due to pregnancy, but the lower courts ruled she received sick pay instead of work wages. The court held that the supplement compensates for reduced work remuneration and therefore does not apply when an employee receives sick leave benefits during pregnancy.

Legislator headnote

AI generated

Art. 179 § 1, 2 k.p.; The compensatory supplement under Article 179 § 2 of the Labor Code applies only when an employee receives reduced remuneration for work, not when receiving sick leave benefits.

Keywords

AI generated
compensatory supplement pregnancy leave sick leave benefits labor code extraordinary review reduced remuneration night shifts

Cited Legislation

AI generated
Art. 179 § 1, 2 k.p.
Art. 387 k.p.c.
Art. 390 § 1 k.p.c.
Art. 421 § 2 k.p.c.
Art. 178 k.p.
art 179 § 2 k.p
art. 179 § 1 k.p
art. 421 § 2 k.p.c
art. 387 k.p.c
art. 178 k.p

Cited Case Law

AI generated

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