Mining work in open-pit rare earth clay mines is not mining work under the miners' pension law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the calculation of a miner's pension. The applicant argued that operating an excavator in an open-pit rare earth clay mine constituted underground mining work, but the court found the work was not performed underground. The court ruled that the specific statutory definition of mining work requires work done strictly below the ground surface, which was not met in this open-pit scenario.
Legislator headnote
AI generatedArt. 5 ust. 1 ustawy z dnia 1 lutego 1983 r. o zaopatrzeniu emerytalnym górników i ich rodzin; Art. 10 ust. 1 tejże ustawy: Work performed in open-pit rare earth clay mines is not considered mining work under the pension law because it was not conducted underground, as the term 'underground' refers to work below the ground surface, not merely below the terrain level.