Court allows claim for readiness pay when employer suspends business without terminating employment contract.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim for readiness pay and remanded the case for reconsideration. The plaintiff argued that his own business did not prevent him from being ready to work, while the employer contended that suspending its business eliminated the possibility of such readiness. The court ruled that while the employer's suspension of business is a valid reason for not paying readiness pay, the plaintiff must prove he actively sought re-employment rather than passively waiting.
Legislator headnote
AI generatedArt. 81 § 1 KP; Art. 393 § 1 KPC: The employer's suspension of business activity may justify non-payment of readiness pay, but the employee must demonstrate active efforts to return to work rather than passive waiting.