Legislator Case Law & Legislation
I PKN 443/98 AI generated

Supreme Court ruled sick leave periods do not count as unemployment for severance pay calculations.

Case Number I PKN 443/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially quashed the lower court's judgment, ordering a recalculation of unemployment compensation for a cooperative member. The court held that while sick leave benefits are not deductible from the compensation amount, the period of illness must be excluded from the duration of unemployment. Consequently, the court found the lower court erred by failing to distinguish between time the employee was ready to work and time they were medically unable to do so.

Legislator headnote

AI generated

Art. 188 § 2 Prawa spółdzielczego; Art. 92 Kodeksu pracy: The period of inability to work due to illness is not considered a period of unemployment for compensation purposes, as the employee was not ready to perform work during that time.

Keywords

AI generated
cooperative law unemployment compensation sick leave exclusion readiness to work severance pay calculation

Cited Legislation

AI generated
Art. 188 § 2 Prawa spółdzielczego
Art. 92 Kodeksu pracy
Art. 47 § 2 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text