Legislator Case Law & Legislation
II UKN 508/98 AI generated

Supreme Court allows compensatory pension claim including lost night shift and hazardous work wage increases.

Case Number II UKN 508/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal regarding a compensatory pension claim. The lower courts established that plaintiffs would have earned higher wages if they had continued working night shifts, holidays, and hazardous conditions at the coal mine. The Court ruled that the pension must account for the lost opportunity to earn these specific additional wages as part of the disability compensation.

Legislator headnote

AI generated

Art. 444 § 2 KC; Art. 393 § 1 KPC: The compensatory pension must include the lost opportunity to earn increased wages from night work, holidays, and hazardous conditions, as the law does not limit compensation to basic salary components.

Keywords

AI generated
compensatory pension disability compensation night shift wages hazardous work conditions lost earning capacity cassation appeal coal mine employment

Cited Legislation

AI generated
Art. 444 § 2 KC
Art. 393 § 1 KPC
Art. 393 § 2 KPC

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