Legislator Case Law & Legislation
I PZP 10/95 AI generated

Employee earns vacation leave right after rehabilitation benefit ends despite zero work days in the calendar year.

Case Number I PZP 10/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that an employee retains the right to vacation leave starting January 1st even if they worked zero days due to a rehabilitation benefit. The plaintiff argued for vacation pay based on prior illness, while the defendant claimed the lack of work days negated the right. The court held that rehabilitation benefits legally substitute work, preserving the employee's entitlement to the subsequent annual vacation period.

Legislator headnote

AI generated

Art. 152 § 1 k.p.; Art. 153 k.p.; The right to vacation leave accrues to an employee who has not worked any days in a calendar year due to a rehabilitation benefit, as this benefit legally substitutes work.

Keywords

AI generated
rehabilitation benefit vacation leave accrual substitute for work calendar year entitlement employee rights labor law principle zero work days

Cited Legislation

AI generated
Art. 152 § 1 k.p.
Art. 153 k.p.
Art. 171 § 1 pkt 1 k.p.
Art. 66 ust. 2 Karty Nauczyciela
Art. 53 k.p.
art. 391 k.p.c
art. 152 § 1 k.p
art. 153 k.p
art. 53 § 5 k.p
art. 174 § 1 k.p

Cited Case Law

AI generated
I PR 7/88
I PR 4/84
I PZP 27/92
I PRN 139/82

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