Legislator Case Law & Legislation
I PKN 207/98 AI generated

Medical disability recognition does not terminate employment; employer dismissal is the required legal act.

Case Number I PKN 207/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against his dismissal by Polish State Railways. The employee argued that his official recognition as a disabled person on February 21, 1996, automatically terminated his employment contract. The court ruled that no statutory provision links disability recognition to the automatic end of a labor relationship. Consequently, the court held that only a specific legal act, such as the employer's dismissal, or a statutory event explicitly tied to contract termination can end the employment.

Legislator headnote

AI generated

Ustawa z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzinin; Kodeks pracy art. 30 § 1, art. 63; Medical disability recognition does not automatically terminate the employment contract; termination requires a specific legal act or a statutory event explicitly linked to such consequence.

Keywords

AI generated
employment termination disability recognition labor contract employer dismissal cassation appeal statutory provisions legal act requirement

Cited Legislation

AI generated
art. 23 in conjunction with art. 25 ust. 1 of the Act of December 14, 1982 on pension provision for employees and their families
art. 30 § 1 of the Labor Code
art. 63 of the Labor Code
art. 393 § 12 of the Code of Civil Procedure

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